Case Summary
M/s Desai Brothers (papers) Pvt. Ltd filed a suit against M/s Don Bosco Industries for the recovery of money owed. The plaintiff claims that the defendant failed to pay outstanding dues for goods supplied on credit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, and the plaintiff was not entitled to a decree for the realization of the amount claimed. The court found in favor of the defendant on the basis of limitation.
Key Reasoning:
The court found that the suit was barred by law of limitation.
The court found that the suit was barred by law of limitation.
Why Defendant Won:
The court found that the suit was barred by law of limitation.
The court found that the suit was barred by law of limitation.
Supporting Evidence
The suit was barred by limitation as the acknowledgment of debt and the alleged payment occurred after the lapse of the limitation period.
Judgment Evidence:
In the result, the suit is dismissed. Plaintiff is not entitled for a decree of realization of Rs. 1,41,077/- from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Desai Brothers (papers) Pvt. Ltd
- Relation
- represented by its Power of Attorney holder and Senior Manager Sri.Jinu George
- Party Role
- Defendant
- Party Name
- M/s Don Bosco Industries
- Party Age
- 40
- Relation
- represented by its proprietor Nevin Pereira
Plaintiffs Documents
Combined original ledger statement, True copy of the lawyer notice, Original reply issued by Adv.Benoy Bal
Defendants Documents
Lawyer notice, Office copy of the reply issued by Adv.Benoy Bal, Postal receipt, Postal acknowledgment card
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Vargehse
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pramoj Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajeev K Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aswathy Jayachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajmal A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover an outstanding amount from the defendant.
Evidence:
In the result, the suit is dismissed. Plaintiff is not entitled for a decree of realization of Rs. 1,41,077/- from the defendant.
Documents & Evidence
Document Type:
Combined original ledger statement
Submitted By:
Plaintiff
Relevance:
Used to establish the amount owed by the defendant to the plaintiff.
Reference:
Ext.A1
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Served as evidence of the demand for payment made to the defendant.
Reference:
Ext.A2
Document Type:
Original reply issued by Adv.Benoy Bal
Submitted By:
Plaintiff
Relevance:
Presented as evidence regarding the communication between the parties.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Included in the defendant's contentions against the claims of the plaintiff.
Reference:
Ext.B1
Document Type:
Office copy of the reply issued by Adv.Benoy Bal
Submitted By:
Defendant
Relevance:
Provided as a response to the allegations made by the plaintiff.
Reference:
Ext.B2
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Evidence of communication sent by the defendant.
Reference:
Ext.B3
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Confirmed the receipt of correspondence by the defendant.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Desai Brothers (papers) Pvt. Ltd vs M/s Don Bosco Industries regarding recovery of money
Case Code Year
Case between M/s Desai Brothers (papers) Pvt. Ltd vs M/s Don Bosco Industries regarding recovery of money