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O.S. No. 572/2023

Case between M/s Aiswarya Marbles and Floorings vs S J Enterprises regarding realization of money

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-03-24
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Aiswarya Marbles and Floorings, a partnership firm, supplied flooring materials to S J Enterprises and claimed non-payment of dues. The plaintiff provided evidence for dishonored cheques and demanded payment, leading to the suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 3,35,455/- along with interest. The defendants were found liable for the outstanding amount.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,35,455/- along with interest @6% per annum from the date of suit till the date of decree or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 3,35,455/- along with interest. The defendants were found liable for the outstanding amount.
Why Plaintiff Won:
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
Losing Side's Weaknesses:
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,35,455/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.3,35,455/- (Rupees Three lakhs thirty five thousand four hundred fifty five only) along with interest @6% per annum from the date of suit till the date of decree or realization, as the case may be, to plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Aiswarya Marbles and Floorings
Relation
represented by its Managing Partner, Girija Moorthy
Party Role
Defendant
Party Name
S J Enterprises
Plaintiffs Documents
Copy of ledger account, dishonored cheques, lawyer notices.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K S Bharathan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adityan S Mannali
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rance R
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Alphin Antony
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Visakh Antony
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Hasna Nazar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
An amount of Rs.3,35,455/- along with interest at the rate of 6% per annum from the date of suit till the date of decree or realization.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,35,455/- with interest from defendant.
Relief Type: Other
Outcome: Granted
Description:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Ledger Account
Submitted By: Plaintiff
Relevance:
Shows the copy of ledger account maintained with plaintiff for a period from 01.04.2021 to 31.03.2022 and 01.04.2022 to 16.12.2022.
Reference:
Ext.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Original of the Cheque bearing number 000237 dated 30.03.2022.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The original of the Cheque bearing number 000278 dated 06.04.2022.
Reference:
Ext.A3
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The original of the Cheque bearing number 000277 dated 31.03.2022.
Reference:
Ext.A4
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The original of the Cheque bearing number 000279 dated 08.04.2022.
Reference:
Ext.A5
Document Type: Dishonor Memos
Submitted By: Plaintiff
Relevance:
Dishonor memos 4 nos. issued by the bank to the plaintiff.
Reference:
Ext.A6 Series
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of the lawyer notice dated 03.08.2022.
Reference:
Ext.A7
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
True copy of reply notice dated 18.08.2022.
Reference:
Ext.A8

Case Classification

Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Aiswarya Marbles and Floorings vs S J Enterprises regarding realization of money
Case Code Year
Case between M/s Aiswarya Marbles and Floorings vs S J Enterprises regarding realization 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
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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