Case Summary
The case involves M/s PromoteN, a partnership firm, and Basheer, the proprietor of a trading business, over an outstanding payment for JSPL TMT rebars purchased on credit. The plaintiff claims a sum of ₹4,42,348 remains due from the defendant despite demand notices issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay an amount of ₹4,88,795 with 12% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay ₹4,88,795 with interest. The plaintiff is entitled to recover the decree amount from the defendant's assets if not paid.
Why Plaintiff Won:
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹4,88,795/- (Rupees Four Lakhs Eighty Eight Thousand Seven Hundred and Ninety Five only), with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s PromoteN
- Relation
- Represented through its Power of Attorney Holder Arjun P.J
- Party Role
- Defendant
- Party Name
- Basheer
Plaintiffs Documents
Certified copy of Power of Attorney, Leger Account for the period from 01.04.18 to 02.07.24, Copy of the lawyer notice issued to the defendant, Postal receipt, Original of the Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dileep S Kallar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.A.Jaleel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajmal Jabbar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree directing the Defendant to pay Rs. 4,88,795/- along with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹4,88,795/- (Rupees Four Lakhs Eighty Eight Thousand Seven Hundred and Ninety Five only), with 12% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney establishing the authority of the Plaintiff's representative.
Reference:
Ext.A1
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Ledger account for the period showing transactions between the Plaintiff and Defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the Defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt proving the sending of the lawyer notice to the Defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card confirming the receipt of the lawyer notice by the Defendant.
Reference:
Ext.A5
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 PromoteN vs Basheer regarding money recovery
Case Code Year
Case between M/s PromoteN vs Basheer regarding money recovery