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
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.
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.
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