Case Summary
The plaintiff, A2Z Sanitary Wares, is seeking recovery of outstanding payments from the defendant, S A Salam, for sanitary wares supplied on credit. The defendant claims to have paid the amount to the plaintiff's employee, leading to a dispute over the payment.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, concluding that the plaintiff failed to prove the claim for the outstanding amount. The defendant successfully demonstrated that the amount had already been paid.
Key Reasoning:
The defendant proved discharge of the claimed amount through evidence.
The defendant proved discharge of the claimed amount through evidence.
Why Defendant Won:
The defendant proved discharge of the claimed amount through evidence.
The defendant proved discharge of the claimed amount through evidence.
Supporting Evidence
The evidence of DW2 and Ext B2 receipt supported the defendant's claim of discharge, establishing the plaintiff's failure to prove their case.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A2Z Sanitary Wares
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. S A Salam
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Sri. S Thajudin
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Invoice dated 25.05.2015, Invoice dated 27.05.2015, Invoice dated 03.06.2015, Invoice dated 10.06.2015, Invoice dated 01.07.2015, Invoice dated 03.07.2015, Lawyer notice dated 10.10.2017.
Defendants Documents
General power of attorney executed in favour of Mr. Yasar Thaj, Certified copy of complaint in CC No. 143/17.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T K Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K L Sreedevi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T R Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benny Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Abdul Rasheed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of Rs. 43,426/- from the defendant.
Evidence:
Thus issue No. 1 is found against the plaintiff.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A4
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A5
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
To show transactions between the plaintiff and defendant.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from defendant.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
To demand repayment of the outstanding amount.
Reference:
Ext.A8
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Acknowledges the payment of the outstanding amount.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Evidence of criminal cases filed against defendent's agent for misappropriation.
Reference:
Ext.B3 to B9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between A2Z Sanitary Wares vs S A Salam regarding realization of money.
Case Code Year
Case between A2Z Sanitary Wares vs S A Salam regarding realization of money.