Case Summary
The plaintiff, Vijai Pharma, has filed a suit against the defendant, Jan Aushadhi Medical, for the recovery of an outstanding amount of Rs.4,67,791/- due to non-payment for products purchased on credit. The suit was uncontested as the defendant failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,67,791/- from the defendants along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.4,67,791/- along with interest and costs. The judgment was based on the evidentiary documents provided by the plaintiff.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the evidence supported the plaintiff's claim for the outstanding payment.
The unrebutted oral testimony of the plaintiff and the evidence supported the plaintiff's claim for the outstanding payment.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and the evidence supported the plaintiff's claim for the outstanding payment.
The unrebutted oral testimony of the plaintiff and the evidence supported the plaintiff's claim for the outstanding payment.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 series to A4 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.4,67,791- (Rupees Four Lakh Sixty Seven Thousand Seven Hundred and Ninety One only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijai Pharma
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jan Aushadhi Medical
- Relation
- Represented by
Plaintiffs Documents
Printout of bills 14.08.2018 to 16.01.2019, Copy of Lawyer's notice dated 24.01.2025
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sebin Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Liya Laurence
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.4,67,791 from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.4,67,791- (Rupees Four Lakh Sixty Seven Thousand Seven Hundred and Ninety One only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,67,791 from the date of suit till date decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,67,791- (Rupees Four Lakh Sixty Seven Thousand Seven Hundred and Ninety One only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,67,791 from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,67,791- (Rupees Four Lakh Sixty Seven Thousand Seven Hundred and Ninety One only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Printout of bills
Submitted By:
Plaintiff
Relevance:
The bills reflect transactions where the defendant failed to make payments.
Reference:
Ext.A1
Document Type:
Certification of Ext. A1 Series
Submitted By:
Plaintiff
Relevance:
Certifies the authenticity of the bills presented.
Reference:
Ext.A1(a)
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the outstanding balance due.
Reference:
Ext.A2
Document Type:
Copy of postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the defendant.
Reference:
Ext.A3
Document Type:
Original of Ext A3
Submitted By:
Plaintiff
Relevance:
Original evidence of the postal receipt was presented.
Reference:
Ext.A3(a)
Document Type:
Copy of acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of the defendant receiving the lawyer's notice.
Reference:
Ext.A4
Document Type:
Original of Ext. A4
Submitted By:
Plaintiff
Relevance:
Original evidence of acknowledgment of receipt by the defendant.
Reference:
Ext.A4(a)
Document Type:
Copy of Bank statement
Submitted By:
Plaintiff
Relevance:
Attempted to show the financial transactions, but rejected.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Vijai Pharma vs Jan Aushadhi Medical regarding realization of money
Case Code Year
Case between Vijai Pharma vs Jan Aushadhi Medical regarding realization of money