Case Summary
The case involves a suit filed by Associated Rubber Chemicals (Kochi) Pvt. Ltd against M/s. Hintannia Plastic Pvt. Ltd for the recovery of an outstanding payment of Rs.1,25,180 along with interest. The defendants did not respond to the notice sent for payment and were declared ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.1,25,180 along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The plaintiff was granted a decree to recover Rs.1,25,180 along with interest from the defendants who failed to respond to the suit.
Why Plaintiff Won:
The plaintiff's averments were proved through unrebutted evidence and marked documents.
The plaintiff's averments were proved through unrebutted evidence and marked documents.
Losing Side's Weaknesses:
The plaintiff's averments were proved through unrebutted evidence and marked documents.
The plaintiff's averments were proved through unrebutted evidence and marked documents.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A5 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs.1,25,180 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Associated Rubber Chemicals (Kochi) Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Hintannia Plastic Pvt.Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M.H.Hinsaf
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
A1 07.09.2023 Resolution, A2 13.12.2022 Office copy of the invoice No. E3311/2022-23, A3 08.08.2023 Office copy of the lawyer notice, A4 18.08.2023 2 Postal receipts, A5 19.08.2023 Postal Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.O Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Denny Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover a specified amount with interest.
Evidence:
The plaintiff company is allowed to recover Rs.1,25,180/- (Rupees One lakh Twenty Five thousand One hundred and Eighty 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 is entitled to the costs of the suit from the defendants.
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Marked as part of the proof affidavit filed by the plaintiff.
Reference:
Ext.A1
Document Type:
Office copy of the invoice
Submitted By:
Plaintiff
Relevance:
Supports the claim of the outstanding payment.
Reference:
Ext.A2
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Documents the formal demand for payment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Provides evidence that the notice was received by the defendants.
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 Associated Rubber Chemicals (Kochi) Pvt. Ltd vs M/s. Hintannia Plastic Pvt.Ltd regarding realisation of money
Case Code Year
Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd vs M/s. Hintannia Plastic Pvt.Ltd regarding realisation of money