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
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.
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.
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