Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O. S. No.397/2019

Case between M/s. Deepam Granite Industries vs Antony Titus regarding realisation of amount for supply of materials

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-10-16
Duration
6 years 21 days
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

This case involves a partnership firm, M/s. Deepam Granite Industries, suing Antony Titus for the recovery of a debt related to the supply of construction materials. The plaintiff claims that the defendant did not honor a payment agreement and that a dishonored cheque was issued.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, ordering the defendant to pay the outstanding amount of ₹3,27,075 along with interest and costs. The court found clear evidence of the defendant's liability and the dishonor of the cheque issued for this amount.
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff a sum of ₹3,27,075 and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay the outstanding amount of ₹3,27,075 along with interest and costs. The court found clear evidence of the defendant's liability and the dishonor of the cheque issued for this amount.
Why Plaintiff Won:
The court found that the plaintiff provided uncontroverted evidence proving the claim.
Losing Side's Weaknesses:
The court found that the plaintiff provided uncontroverted evidence proving the claim.
Supporting Evidence
The testimony of PW1, coupled with Exhibits A1 to A6, clearly establishes that the defendant had availed materials worth ₹4,27,075 from the plaintiff and that ₹3,27,075 remains due after part payment of ₹1,00,000. The issuance of cheque by the defendant towards discharge of this liability is also proved. The dishonour of cheque and failure to make payment despite service of statutory notice unambiguously establishes the liability of the defendant.

Judgment Evidence:

In the result, the suit is decreed exparte as follows: The defendant shall pay to the plaintiff a sum of ₹3,27,075 (Rupees Three Lakhs Twenty Seven Thousand and Seventy Five only). The defendant shall pay interest at the rate of 12% per annum from the date of the suit till the date of decree, and thereafter at the rate of 6% per annum from the date of decree till realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Deepam Granite Industries
Party Role
Plaintiff
Party Name
Reji P Varghese
Party Age
54
Relation
S/o
Party Role
Plaintiff
Party Name
Ann Mary Paul
Party Age
39
Relation
W/o
Party Role
Defendant
Party Name
Antony Titus
Party Age
55
Relation
S/o
Plaintiffs Documents
Partnership Deed, Invoices, Statement of Accounts, Dishonoured Cheque, Bank Return Memo, Statutory Notice, Postal Records
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P T Geevarghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Praju K Paul
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover the principal amount due.
Evidence:
Therefore, the plaintiff is entitled to get a decree for the plaint amount.
Relief Type: Interest
Outcome: Granted
Description:
The plaintiff is entitled to interest on the amount due.
Evidence:
Hence, plaintiff is entitled to interest at 12% per annum from the date of suit till the date of decree and at 6% per annum thereafter till realisation.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to the costs of the suit.
Relief Type: Execution
Outcome: Granted
Description:
The plaintiff can proceed against the defendant's assets in case of non-payment.
Evidence:
In default of such payment, the plaintiff is at liberty to realise the decretal amount with interest and costs by proceeding against the assets of the Defendant.

Documents & Evidence

Document Type: Partnership Deed
Submitted By: Plaintiff
Relevance:
Establishes the legal status of the plaintiff as a partnership firm.
Reference:
Ext.A1
Document Type: Acknowledgment of Registration of Firm
Submitted By: Plaintiff
Relevance:
Confirms the registration of the plaintiff firm.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Evidence of the payment made by the defendant towards the amount due.
Reference:
Ext.A3
Document Type: Dishonoured Memo
Submitted By: Plaintiff
Relevance:
Confirms that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notifies the defendant about the cheque dishonour and demand for payment.
Reference:
Ext.A5
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Deepam Granite Industries vs Antony Titus regarding realisation of amount for supply of materials
Case Code Year
Case between M/s. Deepam Granite Industries vs Antony Titus regarding realisation of amount for supply of materials

Case Flags

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

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Thu, 07/25/2019 - 12:00
Case Closed
From
Wed, 10/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Partnership Firm

Similar Cases

Case between Maniamkot Advertising Company vs Abdulla Assees regarding realisation of money
Court of the Principal Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between M/s Purnima Papers vs Jose regarding recovery of money
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Union Bank of India, Perumbavoor Branch vs Eldhose M E regarding recovery of loan amount.
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won
Case between The Federal Bank Ltd vs Akhila Johny et al regarding realisation of money
THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won
Case between M/s. Matrix Finbiz Pvt. Ltd. vs Elsy Paulose et al regarding realization of money
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won