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O.S. No. 1019/2023

Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs M/s. Plumbers Choice Plastic Pvt. Ltd. et al regarding realisation of money.

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-06
Duration
approximately-1 year 11 days
Case Closed
Sat, 07/06/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Associated Rubber Chemicals (Kochi) Pvt. Ltd. is suing M/s. Plumbers Choice Plastic Pvt. Ltd. and its Managing Director, M. H Hinsaf, for money owed pertaining to a commercial transaction. The defendants did not appear in court, leading to the suit being considered ex parte.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendants to pay ₹4,87,452/- along with interest at 6% per annum from the date of the suit. The suit was decreed due to the defendants' failure to appear.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay ₹4,87,452/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay ₹4,87,452/- along with interest at 6% per annum from the date of the suit. The suit was decreed due to the defendants' failure to appear.
Why Plaintiff Won:
The plaintiff's case was proven through the evidence presented by their Deputy General Manager.
Losing Side's Weaknesses:
The plaintiff's case was proven through the evidence presented by their Deputy General Manager.
Supporting Evidence
From the evidence, as on date of suit, the defendants owe the plaintiff an amount of 4,87,452/-. There is no reason to disbelieve the evidence tendered by PW1. Hence, I am of the opinion that the suit is to be decreed in favour of the plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 4,87,452/- (Rupees four lakhs eighty seven thousand four hundred and fifty two only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation 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. Plumbers Choice Plastic Pvt. Ltd.
Relation
Represented by
Party Role
Defendant
Party Name
M. H Hinsaf
Party Age
55
Relation
S/o
Plaintiffs Documents
Board of Resolution, Office copy of Tax Invoice No. E 949/2021-2022, Office copy of Tax Invoice No. E 1108/2021-2022, Office copy of Tax Invoice No. E 1842/2021-2022, Office copy of Tax Invoice No. E 2492/2021-2022, Office copy of Tax Invoice No. E 2520/2021-2022, Office copy of Tax Invoice No. E 2574/2021-2022, Office copy of Tax Invoice No. E 2600/2021-2022, Office copy of Tax Invoice No. E 2717/2021-2022, True copy of the lawyer notice, 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:
The defendants are directed to pay the plaintiff an amount of 4,87,452/- with interest.
Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 4,87,452/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants and their assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.

Documents & Evidence

Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A2
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A3
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A4
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A5
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A6
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A7
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A8
Document Type: Office copy of Tax Invoice
Submitted By: Plaintiff
Relevance:
This document was used to establish the amount owed by the defendant.
Reference:
Ext.A9
Document Type: True copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
This document was used to establish that the plaintiff had taken steps to notify the defendant.
Reference:
Ext.A10
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This document was used to establish the receipt of the notice by the defendant.
Reference:
Ext.A11
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
Oral evidence was given by the Deputy General Manager of the plaintiff company.
Reference:

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs M/s. Plumbers Choice Plastic Pvt. Ltd. et al regarding realisation of money.
Case Code Year
Case between Associated Rubber Chemicals (Kochi) Pvt. Ltd. vs M/s. Plumbers Choice Plastic Pvt. Ltd. et al regarding realisation of money.

Quick Facts

Location
Ernakulam, Kerala
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 07/06/2023 - 12:00
Case Closed
Sat, 07/06/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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