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O.S. No.698/2023

Case between M/s. Meghoba Pharmaceuticals vs Mr. N.B. Chandrasekher regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-15
Duration
approximately-3 years 2 months
Case Closed
Sat, 06/15/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, M/s. Meghoba Pharmaceuticals, is seeking to recover an outstanding amount of Rs. 48,299 from the defendant, Mr. N.B. Chandrasekher, who purchased medicines on credit and failed to pay. The defendant did not appear in court, leading to an ex parte hearing.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, awarding them Rs. 48,299 along with interest. The defendant was found liable for the outstanding amount.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 48,299 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, awarding them Rs. 48,299 along with interest. The defendant was found liable for the outstanding amount.
Why Plaintiff Won:
Plaintiff established a case with unchallenged oral testimony and evidence of outstanding dues.
Losing Side's Weaknesses:
Plaintiff established a case with unchallenged oral testimony and evidence of outstanding dues.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Ext. A1 to A6, I am of the view that plaintiff has established a case.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 48,299 from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Meghoba Pharmaceuticals
Relation
Represented by
Party Role
Defendant
Party Name
Mr. N.B. Chandrasekher
Plaintiffs Documents
True computer printout of sale statement pertaining to the defendant, True copy of the lawyer notice dated 04.04.2023, Postal receipt dated 04.04.2023, Unclaimed cover containing notice to defendant, Resolution dated 10.07.2023, Certificate dated 03.04.2024
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
E.A. Thankappan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs. 48,299 from the defendant and from his assets.
Evidence:
I am of the view that plaintiff has established a case and the plaintiff is entitled to realize an amount of Rs. 48,299.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs. 48,299 from the date of suit till date of decree from the defendant.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs. 48,299 from the date of suit till date of decree.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs. 48,299 from the date of decree till date of realization from the defendant.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs. 48,299 from date of decree till date of realization.
Relief Type: Cost
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant.

Documents & Evidence

Document Type: True computer printout of sale statement
Submitted By: Plaintiff
Relevance:
Marked into evidence as the printout related to the amounts owed by the defendant.
Reference:
Ext.A1
Document Type: True copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
Document demanding payment from the defendant which was returned unclaimed.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A3
Document Type: Unclaimed cover containing notice
Submitted By: Plaintiff
Relevance:
Document showing that the notice was unclaimed.
Reference:
Ext.A4
Document Type: Resolution
Submitted By: Plaintiff
Relevance:
Authorizes PW1 to contest the suit.
Reference:
Ext.A5
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
Certificate dated 03.04.2024 relevant to the proceedings.
Reference:
Ext.A6

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. Meghoba Pharmaceuticals vs Mr. N.B. Chandrasekher regarding realization of money.
Case Code Year
Case between M/s. Meghoba Pharmaceuticals vs Mr. N.B. Chandrasekher regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 03/20/2021 - 12:00
Case Closed
Sat, 06/15/2024 - 12:00
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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