Case Summary
The plaintiffs, M/s Indo German Carbons Limited and M/s Active Char Products Pvt. Ltd., are seeking repayment for an excess payment made to the defendant, N K Manjunath, for charcoal supplied. The defendant failed to refund the duplicated payment despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.7,55,334/- along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.7,55,334/- along with interest to the plaintiffs for the duplicated payment. The court also granted the plaintiffs the legal costs of the suit.
Why Plaintiff Won:
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
Losing Side's Weaknesses:
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
The plaintiff has established a case and is entitled to the recovery of funds mistakenly transferred to the defendant.
Supporting Evidence
Upon perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.15,891/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.7,55,334/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Indo German Carbons Limited
- Relation
- represented by its Managing Director Mr. M M Abdul Basheer
- Party Role
- Plaintiff
- Party Name
- M/s Active Char Products Pvt. Ltd.
- Relation
- represented by its Managing Director Mr. M M Abdul Basheer
- Party Role
- Defendant
- Party Name
- N K Manjunath
- Relation
- S/o Kotturappa
Plaintiffs Documents
Invoice No.068 dated 01.10.2021, Weigh Bill dated 03.10.2021, Copy of payment advice slip dated 03.10.2021, Raw materials analysis report dated 04.10.2021, Account statements dated 25.10.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M M Saidu Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reena Mathew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs seek recovery of Rs.7,55,334/- with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.7,55,334/- (Rupees Seven lakhs fifty five thousand three hundred and thirty four only) along with interest @12% per annum from the date of suit...
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the costs of the suit.
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued to the 2nd plaintiff for the charcoal supplied.
Reference:
Ext.A1
Document Type:
Weigh Bill
Submitted By:
Plaintiff
Relevance:
Weigh bill issued for the consignment of charcoal.
Reference:
Ext.A2
Document Type:
Payment Advice Slip
Submitted By:
Plaintiff
Relevance:
Copy of payment advice slip sent to the defendant.
Reference:
Ext.A3
Document Type:
Raw Material Analysis Report
Submitted By:
Plaintiff
Relevance:
Report detailing the analysis of the charcoal consignment.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the 1st plaintiff detailing the payment made to the defendant.
Reference:
Ext.A5
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the 2nd plaintiff detailing the duplicate payment made.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate relating to the account statement of the 1st plaintiff.
Reference:
Ext.A5(a)
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate relating to the account statement of the 2nd plaintiff.
Reference:
Ext.A6(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendant requesting repayment.
Reference:
Ext.A9
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned registered postal cover containing acknowledgment of the notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of the Managing Director of Plaintiffs as PW1.
Reference:
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 Indo German Carbons Limited et al vs N K Manjunath regarding recovery of funds
Case Code Year
Case between M/s Indo German Carbons Limited et al vs N K Manjunath regarding recovery of funds