Case Summary
The plaintiff, M/s Foryes Associates, is seeking recovery of an outstanding amount from the defendants, M/s. Home Centre and Mr. Arun. The case involves claims of unpaid dues for kitchen products purchased on credit, which the defendants failed to settle despite multiple extensions.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed due to being barred by law of limitation. The plaintiff failed to file the suit within the stipulated time frame despite multiple opportunities given to the defendants.
Key Reasoning:
The suit was filed beyond the period of limitation as defined by law.
The suit was filed beyond the period of limitation as defined by law.
Why Defendant Won:
The suit was filed beyond the period of limitation as defined by law.
The suit was filed beyond the period of limitation as defined by law.
Supporting Evidence
The suit is seen filing much belatedly after the period of limitation. Hence the suit is barred by law of limitation.
Judgment Evidence:
In the result, suit is dismissed. Considering the fact that the defendants remained exparte to the proceedings, there is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Foryes Associates
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mrs. Sudha TR
- Relation
- W/o. P.B. Dineshkumar
- Party Role
- Defendant
- Party Name
- M/s. Home Centre
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Arun
- Relation
- Partner/Authorized signatory
Plaintiffs Documents
Copy of invoice dated 17.10.2018, Copy of invoice No. 631 dated 19.10.2018, Copy of invoice No. 642 dated 22.10.2018, Copy of notice dated 08.12.2018, Copy of notice dated 18.02.2019, Copy of notice dated 01.03.2019, Original postal receipt dated 03.01.2020, Copy of Lawyer's notice dated 01.10.2021, Original postal receipt dated 01.10.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.G. Manoj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Sarath Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought to recover the amount due from the defendants.
Evidence:
Thus the suit is seen filing much belatedly after the period of limitation.
Documents & Evidence
Document Type:
Copy of invoice
Submitted By:
Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A1
Document Type:
Copy of invoice
Submitted By:
Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A2
Document Type:
Copy of invoice
Submitted By:
Plaintiff
Relevance:
Proves the purchase of products on credit by the defendants.
Reference:
Ext.A3
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A4
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A5
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of notice sent to defendants for payment.
Reference:
Ext.A6
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that a lawyer's notice was sent to the defendants.
Reference:
Ext.A7
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of lawyer's notice sent demanding payment.
Reference:
Ext.A8
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that a notice was sent to the defendants.
Reference:
Ext.A9
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt of notices sent to the defendants.
Reference:
Ext.A10
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that a notice was sent to the defendants.
Reference:
Ext.A11
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt of notices sent to the defendants.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Foryes Associates vs M/s. Home Centre et al regarding realization of money
Case Code Year
Case between M/s Foryes Associates vs M/s. Home Centre et al regarding realization of money