Case Summary
The plaintiff, M/s M D George and Company, asserts ownership of property and seeks recovery of unpaid rent from the defendant, M/s Zillion Infrastructure (P) Ltd., along with a mandatory injunction to remove their machinery from the premises. The defendant failed to appear in court and was set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,38,000/- along with interest and is directed to remove all its machinery and equipment from the property.
Case Type
Civil Suit
Final Judgment
No
The Court decreed that the defendant must pay the plaintiff Rs.2,38,000/- with interest and remove all machinery from the plaintiff's property.
Why Plaintiff Won:
Plaintiff established ownership and unpaid dues.
Plaintiff established ownership and unpaid dues.
Losing Side's Weaknesses:
Plaintiff established ownership and unpaid dues.
Plaintiff established ownership and unpaid dues.
Supporting Evidence
On 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.2,38,000/- with interest 12% per annum.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,38,000/- (Rupees Two lakhs thirty eight thousand only) 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. 2) Defendant is directed by a mandatory injunction to remove all its machinery and equipment garaged in the plaint schedule property. 3) Defendant is directed to pay costs of the suit to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s M D George and Company
- Party Role
- Defendant
- Party Name
- M/s Zillion Infrastructure (P) Ltd.
- Relation
- Represented by
Plaintiffs Documents
Copy of registered lawyer notice dated 12.04.2022, Postal receipt, Registered lawyer notice returned with postal endorsement as unclaimed, Original deed of partnership of plaintiff firm.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M K Dileepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Karthik Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipinkumar K B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.2,38,000/- plus interest from the defendant.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,38,000/- with interest 12% per annum from defendant
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requested removal of all machinery and equipment from the property.
Evidence:
Defendant is directed by a mandatory injunction to remove all its machinery and equipment garaged in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff was awarded costs of the suit.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish the demand for payment to the defendant.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the registered lawyer notice.
Reference:
Ext.A2
Document Type:
Registered lawyer notice returned with postal endorsement as unclaimed
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendant evaded receipt of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Original of the deed of partnership of plaintiff firm
Submitted By:
Plaintiff
Relevance:
This document was submitted to confirm the plaintiff's legal standing in the case.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s M D George and Company vs M/s Zillion Infrastructure (P) Ltd. regarding realization of money and mandatory injunction.
Case Code Year
Case between M/s M D George and Company vs M/s Zillion Infrastructure (P) Ltd. regarding realization of money and mandatory injunction.