Case Summary
Exim Pipes Pvt. Ltd. filed a suit against M/s. A & B Toolers for the recovery of an outstanding amount of Rs.1,28,413/- for building materials supplied on a short-term credit basis. The defendant contended that the payment was made in cash at the time of delivery and denied any outstanding amount.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by Exim Pipes Pvt. Ltd. after finding that the evidence did not support the claim of a credit transaction and concluded that the plaintiff had failed to establish its case.
Key Reasoning:
The defendant successfully proved that the transaction was not on credit and that payment was made in cash at delivery.
The defendant successfully proved that the transaction was not on credit and that payment was made in cash at delivery.
Why Defendant Won:
The defendant successfully proved that the transaction was not on credit and that payment was made in cash at delivery.
The defendant successfully proved that the transaction was not on credit and that payment was made in cash at delivery.
Supporting Evidence
The evidence of DW1 and DW2 supports the case of defendant. In the absence of any endorsement as to the mode of payment in the invoice and no documents securing payment and no prior transaction between parties, I am unable to accept the evidence of PW1 as true.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Exim Pipes Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. A & B Toolers
Plaintiffs Documents
The Original authorization Letter, Original Office file bill of the plaintiff bearing invoice No. MKDB01275, Office copy of the lawyer notice, The Original postal receipt, The Original acknowledgement, The Original reply notice issued by the defendants.
Defendants Documents
Cash Voucher No. 481 of defendant signed by the authorized person of the plaintiff, Copy of Invoice No. MKDQ1275 signed by the plaintiff company, Certified copy of the voucher No. 481 produced by the plaintiff, Day book of the defendant from 01.10.2016 to 31.10.2016, Cash book of the defendant from 01.10.2016 to 31.10.2016, Ledger book of the defendant from 01.10.2016 to 31.03.2017 showing transaction between the plaintiff and defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Anwar.C.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sreekumar.D.Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought to recover Rs.1,28,413 with interest from the defendant.
Evidence:
Accordingly I have no hesitation to hold that plaintiff is not entitled for any amounts from defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant sought costs of the proceedings.
Evidence:
Considering the facts and circumstances of the case, defendant is entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document proves the authorization of the officer to represent the plaintiff in the case.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
This invoice is central to the dispute regarding the amount supposedly owed by the defendant.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This document evidences the notice sent by the plaintiff to the defendant regarding the outstanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This serves as proof of dispatch of the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the notice by the defendant.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document contains the defendant's reply to the plaintiff's notice demanding payment.
Reference:
Ext.A6
Document Type:
Cash Voucher
Submitted By:
Defendant
Relevance:
This voucher supports the defendant's claim that payment was made at the time of delivery.
Reference:
Ext.B1
Document Type:
Invoice Copy
Submitted By:
Defendant
Relevance:
This copy of the invoice is part of the defendant's evidence to support their version of the transaction.
Reference:
Ext.B2
Document Type:
Certified Copy of Voucher
Submitted By:
Defendant
Relevance:
This document further corroborates the defendant's assertion of having made payment.
Reference:
Ext.B3
Document Type:
Day Book
Submitted By:
Defendant
Relevance:
This document provides records that support the defendant's financial transactions.
Reference:
Ext.B4
Document Type:
Cash Book
Submitted By:
Defendant
Relevance:
This document is relevant to the financial dealings of the defendant during the relevant period.
Reference:
Ext.B5
Document Type:
Ledger Book
Submitted By:
Defendant
Relevance:
This ledger details the transactions that may pertain to the plaintiff's claim.
Reference:
Ext.B6
Document Type:
Certificate of Audit
Submitted By:
Defendant
Relevance:
This document is related to the financial condition of the defendant.
Reference:
Ext.B7
Document Type:
Partnership Deed
Submitted By:
Defendant
Relevance:
This deed outlines the legal framework of the defendant's business.
Reference:
Ext.B8
Document Type:
Income tax return
Submitted By:
Defendant
Relevance:
This document supports the financial claims made by the defendant.
Reference:
Ext.B9
Document Type:
Audited Balance Sheet
Submitted By:
Defendant
Relevance:
This financial statement pertains to the defendant's business and supports their claims.
Reference:
Ext.B10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Exim Pipes Pvt. Ltd. vs M/s. A & B Toolers regarding realization of money
Case Code Year
Case between Exim Pipes Pvt. Ltd. vs M/s. A & B Toolers regarding realization of money