Case Summary
M/s. D. Bioscience Healthcare Private Limited filed a suit against Siby Mathew for the realization of an outstanding payment related to lab equipment purchases. The plaintiff claims that the defendant has failed to pay the remaining balance due after making a partial payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 1,78,124 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The defendant was found liable for the unpaid balance.
Why Plaintiff Won:
The plaintiff proved his case with unchallenged oral testimony and relevant documentary evidence.
The plaintiff proved his case with unchallenged oral testimony and relevant documentary evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with unchallenged oral testimony and relevant documentary evidence.
The plaintiff proved his case with unchallenged oral testimony and relevant documentary evidence.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and Ext. A1 to A4, it is found that the plaintiff has proved his case before the court.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize Rs. 1,78,124 from the defendant with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. D. Bioscience Healthcare Private Limited
- Party Role
- Defendant
- Party Name
- Siby Mathew
- Party Age
- 65
- Relation
- Father's name not known
Plaintiffs Documents
True copy of an extract of resolution of the meeting of Board of Directors, Triplicate of invoice No. DBH/40/20212022, Triplicate of invoice No. DBH/56/20212022, Triplicate of invoice No. DBH/124/20212022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eliswa Saritha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. ShrihariMary
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithiya K.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 1,78,124 from the defendant.
Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize Rs. 1,78,124 from the defendant with 9% interest per annum from the date of suit till the date of decree and thereafter, 6% interest per annum till the date of realization from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution authorizing the Managing Director to represent the plaintiff company before the court.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoices for the lab equipments purchased by the defendant.
Reference:
Ext.A2 to A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. D. Bioscience Healthcare Private Limited vs Siby Mathew regarding realization of money
Case Code Year
Case between M/s. D. Bioscience Healthcare Private Limited vs Siby Mathew regarding realization of money