Case Summary
M/s Neptune Readymix Concrete (Pvt) Ltd. filed a suit against M/s URBANWEST SPACES Pvt. Ltd. and its directors for non-payment for readymix concrete delivered. The defendants failed to appear in court, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.2,94,352.14/- with interest @ 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of M/s Neptune Readymix Concrete (Pvt) Ltd., ordering the defendants to pay the outstanding amount along with interest.
Why Plaintiff Won:
The plaintiff established a case with the evidence of supplied concrete and unpaid invoices.
The plaintiff established a case with the evidence of supplied concrete and unpaid invoices.
Losing Side's Weaknesses:
The plaintiff established a case with the evidence of supplied concrete and unpaid invoices.
The plaintiff established a case with the evidence of supplied concrete and unpaid invoices.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize Rs.2,94,352.14/- with interest @ 12% per annum on the principal amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Neptune Readymix Concrete (Pvt) Ltd.
- Party Role
- Defendant
- Party Name
- M/s URBANWEST SPACES Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Mr. Viju Abraham
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Susan Abraham
- Relation
- W/o
Plaintiffs Documents
True extract of the resolution of Board of Directors, various tax invoices, copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Joseph Vettikkad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aeble Benny
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph Johny C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.2,94,352.14/- with interest from the defendants.
Evidence:
In the result, suit is decreed as follows: 1) Plaintiff is entitled to realize Rs.2,94,352.14/- (Rupees Two lakhs ninety four thousand three hundred and fifty two and fourteen paise only) with interest @ 12% per annum on the principal amount of Rs. 2,16,579.28/-
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
True Extract of the Resolution
Submitted By:
Plaintiff
Relevance:
This document shows the board of directors of M/s. Neptune Readymix Concrete (P) Ltd. authorized the public relations officer to act on behalf of the company.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
These tax invoices document the sales transactions made by the plaintiff to the defendants, detailing the amounts owed for the readymix concrete delivered.
Reference:
Exts.A2 to A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to demand payment of the outstanding amount due from the defendants.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A9
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document shows the returned registered cover sent to the second defendant, indicating it was unclaimed.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document presents the financial statement of account related to the transactions between the plaintiff and defendants.
Reference:
Ext.A11
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 Neptune Readymix Concrete (Pvt) Ltd. vs M/s URBANWEST SPACES Pvt. Ltd. et al regarding realization of money.
Case Code Year
Case between M/s Neptune Readymix Concrete (Pvt) Ltd. vs M/s URBANWEST SPACES Pvt. Ltd. et al regarding realization of money.