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O.S No. 356/2024

Case between Mohammed Shaji N.H vs Thenoor Moosa Shamsu regarding realisation of money.

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-11-06
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Mohammed Shaji N.H, is a proprietor of Hallmark Marketing, claiming that the defendant, Thenoor Moosa Shamsu, has failed to pay for construction materials supplied on credit. The case is regarding the outstanding payment and interest due.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, directing the defendant to pay ₹20,050, which includes past dues and interest, with further penalties for non-compliance.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹20,050 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendant to pay ₹20,050, which includes past dues and interest, with further penalties for non-compliance.
Why Plaintiff Won:
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents submitted by the plaintiff satisfactorily proved the claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, The suit is decreed directing the defendant to pay an amount of 20,050/- (Rupees Twenty Thousand and Fifty only) with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mohammed Shaji N.H
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Thenoor Moosa Shamsu
Party Age
53
Plaintiffs Documents
True copy of the invoice no. A4609/HM/GST for Rs. 19,500/-, True extract of statement of accounts showing the transaction with the defendant.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
N.S.Mohamed Usman
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.Priyadevi
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arshad Ameen N.M
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
A decree directing the defendant to pay an amount of 20,050/- with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 20,050/- (Rupees Twenty Thousand and Fifty only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
Post decretal interest at 6% per annum in default.
Evidence:
In default, the plaintiff is entitled to recover the decree amount from the defendant and from his assets with post decretal interest @ 6% per annum.
Relief Type: Other
Outcome: Granted
Description:
Entitlement to costs.
Evidence:
The plaintiff is also entitled to the costs.

Documents & Evidence

Document Type: Invoice
Submitted By: Plaintiff
Relevance:
True copy of the invoice no. A4609/HM/GST for Rs. 19,500/-.
Reference:
Ext.A1
Document Type: Statement of Accounts
Submitted By: Plaintiff
Relevance:
True extract of statement of accounts showing the transaction with the defendant for the period ended between 01.04.20 to 19.03.24 with certification.
Reference:
Ext.A2

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 Mohammed Shaji N.H vs Thenoor Moosa Shamsu regarding realisation of money.
Case Code Year
Case between Mohammed Shaji N.H vs Thenoor Moosa Shamsu regarding realisation of money.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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