Case Summary
Global Paints and its partners filed a suit against Shihab V.A. for the recovery of a monetary amount of Rs. 75,848 due for goods purchased. The suit arose from unfulfilled payment obligations by the defendant despite previous agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to realize Rs.75,848 from the defendant and interest at rates of 12% and 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, allowing them to recover Rs.75,848 from the defendant. In addition, the plaintiffs were granted interest on the amount from the date of the suit until realization.
Why Plaintiff Won:
The plaintiffs established their claim through unrebutted testimonies and evidence submitted.
The plaintiffs established their claim through unrebutted testimonies and evidence submitted.
Losing Side's Weaknesses:
The plaintiffs established their claim through unrebutted testimonies and evidence submitted.
The plaintiffs established their claim through unrebutted testimonies and evidence submitted.
Supporting Evidence
The unrebutted oral testimonies of PW1 and Ext. A2 to A4 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiffs are entitled to realize Rs.75,848 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Global Paints
- Party Role
- Plaintiff
- Party Name
- C.K. Prabha
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mary Margaret Shylane
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shihab V.A.
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original invoice during the period 20.10.2022 to 04.03.2023, Certified copy of the ledger account of the defendant maintained by the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biony Davis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ann Mary Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize Rs.75,848 from the defendant and from his assets.
Evidence:
The plaintiffs are entitled to realize Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.75,848 from the date of suit till date of decree from the defendant.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the date of suit till date of decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.75,848 from the date of decree till date of realization from the defendant.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.75,848 (Rupees seventy five thousand eight hundred and forty eight only) from the date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original invoice
Submitted By:
Plaintiff
Relevance:
The original invoice during the period 20.10.2022 to 04.03.2023 to show goods purchased by the defendant.
Reference:
Ext.A2
Document Type:
Certified copy of ledger account
Submitted By:
Plaintiff
Relevance:
The certified copy of the ledger account of the defendant maintained by the plaintiff for the period from 01.04.2022 to 31.03.2023.
Reference:
Ext.A3
Document Type:
Certified copy of ledger account
Submitted By:
Plaintiff
Relevance:
The certified copy of the ledger account of the defendant maintained by the plaintiff from 01.04.2023 to 23.11.2023.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimonies of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Global Paints vs Shihab V.A. regarding realization of money.
Case Code Year
Case between Global Paints vs Shihab V.A. regarding realization of money.