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O.S. No. 36/2023

Case between Gordian Fibrenamics et al vs Suresh Engineering Works regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Gordian Fibrenamics and its managing partners are suing Suresh Engineering Works for failing to complete a contract for installing coir fibre making machines. The plaintiffs claim to have suffered losses due to the defendant's neglect and demand payment for the remaining balance as per the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, directing the defendant to pay ₹2,40,000 with interest for failing to fulfill the contractual obligations. This decision was based on the uncontested evidence provided by the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
₹2,40,000 with interest at 6% per annum from the date of institution of the suit
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, directing the defendant to pay ₹2,40,000 with interest for failing to fulfill the contractual obligations. This decision was based on the uncontested evidence provided by the plaintiffs.
Why Plaintiff Won:
The plaintiffs provided uncontested evidence proving their entitlement to the claimed amount.
Losing Side's Weaknesses:
The plaintiffs provided uncontested evidence proving their entitlement to the claimed amount.
Supporting Evidence
There is no reason to disbelieve the evidence tendered by PW1. From the uncontested evidence of PW1, I am of the opinion that the case of the plaintiff stands proved.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 2,40,000/- (Rupees two lakhs forty thousand only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Gordian Fibrenamics
Relation
Represented by
Party Role
Plaintiff
Party Name
Asif
Party Age
33
Relation
S/o
Party Role
Plaintiff
Party Name
Basheer
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Suresh Engineering Works
Relation
Represented by
Plaintiffs Documents
Original of the Agreement, True copy of the lawyer notice
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Paul K. Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Hybin Jose P. P
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Denny Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay to the plaintiff an amount of 2,40,000/- with interest.
Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 2,40,000/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Original of the Agreement between the plaintiffs and the defendant concerning the installation of coir fiber making machines.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of the lawyer notice sent to the defendant to complete the remaining works as per the agreement.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Commissioner Stalin James M.
Reference:
Ext.C1
Document Type: Valuation Report
Submitted By: Court
Relevance:
Valuation Report concerning the costs necessary to complete the work as per the agreement.
Reference:
Ext.C1(a)

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 Gordian Fibrenamics et al vs Suresh Engineering Works regarding realisation of money
Case Code Year
Case between Gordian Fibrenamics et al vs Suresh Engineering Works regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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