Case Summary
This case involves the plaintiffs, a registered partnership firm, suing the defendants for the recovery of an outstanding balance for goods supplied. The defendants failed to pay the total amount due, prompting the plaintiffs to take legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff firm is allowed to recover Rs.1,08,925 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff firm, allowing them to recover the outstanding amount with interest. The defendants were issued costs of the suit.
Why Plaintiff Won:
The claims of the plaintiff firm were supported by unrebutted evidence and relevant documents submitted during the hearings.
The claims of the plaintiff firm were supported by unrebutted evidence and relevant documents submitted during the hearings.
Losing Side's Weaknesses:
The claims of the plaintiff firm were supported by unrebutted evidence and relevant documents submitted during the hearings.
The claims of the plaintiff firm were supported by unrebutted evidence and relevant documents submitted during the hearings.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A8 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff firm is allowed to recover Rs.1,08,925 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Associated Chemicals
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Shambu Namboothiri
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Latha K.S
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K.N Balachandran
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Siverstream Plastic & Chemicals
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M.H. Hinsaf
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partnership deed, Acknowledgment of Registration certificate, Resolution, Office copy of the Invoice No. 260/202122, Office copy of the lawyer notice, Postal receipt, Postal acknowledgment card, Returned postal envelope
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.O Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Denny Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff firm is allowed to recover Rs.1,08,925 with interest.
Evidence:
The plaintiff firm is allowed to recover Rs.1,08,925/- (One lakh Eight thousand Nine hundred and Twenty Five only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff firm is entitled to get the costs of the suit.
Evidence:
The plaintiff firm is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partnership deed.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration Certificate
Submitted By:
Plaintiff
Relevance:
Acknowledgment of Registration certificate.
Reference:
Ext.A2
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution.
Reference:
Ext.A3
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Office copy of the Invoice No. 260/2021-22.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card.
Reference:
Ext.A7
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Returned postal envelope.
Reference:
Ext.A8
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 Associated Chemicals et al vs M/s. Siverstream Plastic & Chemicals et al regarding realisation of money
Case Code Year
Case between Associated Chemicals et al vs M/s. Siverstream Plastic & Chemicals et al regarding realisation of money