Case Summary
This case involves Atai Marketing Division LLP as the plaintiff and S.R.Footwear Trading Company as the defendant. The plaintiff seeks to recover a debt for goods sold on credit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs. 34,18,424/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding amount with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving the case with unchallenged evidence and documentary proof showing the amount due.
The plaintiff succeeded in proving the case with unchallenged evidence and documentary proof showing the amount due.
Losing Side's Weaknesses:
The plaintiff succeeded in proving the case with unchallenged evidence and documentary proof showing the amount due.
The plaintiff succeeded in proving the case with unchallenged evidence and documentary proof showing the amount due.
Supporting Evidence
By the unchallenged evidence of PW1 coupled with documentary evidence, I find that the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) Defendant is directed to pay an amount of Rs. 34,18,424/- (Rupees Thirty four lakhs eighteen thousand four hundred and twenty four only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Atai Marketing Division LLP
- Party Role
- Defendant
- Party Name
- S.R.Footwear Trading Company
Plaintiffs Documents
Partnership deed dated 26.08.2022, Computer printout of account, Copy of registration certificate, Computer printout of tax invoice No. AD/20-21/382
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Satheesh P.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sudheesh V.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shaji N.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Harsha P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay an amount of Rs. 34,18,424/- with interest.
Evidence:
Defendant is directed to pay an amount of Rs. 34,18,424/- (Rupees Thirty four lakhs eighteen thousand four hundred and twenty four only) with 9% interest per annum from the date of suit till the date of decree and thereafter @ 6% per annum till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document proves the conversion of the plaintiff's business into a limited liability partnership.
Reference:
Ext.A1
Document Type:
Computer Printout of Account
Submitted By:
Plaintiff
Relevance:
This document provides details of transactions between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This certificate verifies the registration of the plaintiff as a limited liability partnership.
Reference:
Ext.A3
Document Type:
Computer Printout of Tax Invoice
Submitted By:
Plaintiff
Relevance:
This document is relevant to the claim amount due from the defendant.
Reference:
Ext.A4
Document Type:
Computer Printout of Tax Invoice
Submitted By:
Plaintiff
Relevance:
This document supports the transactions made between the plaintiff and defendant.
Reference:
Ext.A5
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
This document proves the incorporation of the plaintiff as a limited liability partnership.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Atai Marketing Division LLP vs S.R.Footwear Trading Company regarding realisation of money
Case Code Year
Case between Atai Marketing Division LLP vs S.R.Footwear Trading Company regarding realisation of money