Case Summary
M/s. Purnima Papers, a partnership firm, filed a suit against Five Star Offset Printers for recovery of an outstanding amount of money resulting from transactions. The defendant did not respond to the summons and was declared ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹89,666 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay M/s. Purnima Papers an amount of ₹89,666 with interest at the rate of 6% per annum from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff provided sufficient evidence for the outstanding debt, including a part payment which kept the suit within the limitation period.
The plaintiff provided sufficient evidence for the outstanding debt, including a part payment which kept the suit within the limitation period.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence for the outstanding debt, including a part payment which kept the suit within the limitation period.
The plaintiff provided sufficient evidence for the outstanding debt, including a part payment which kept the suit within the limitation period.
Supporting Evidence
The last purchase made in the case at hand is on 07.08.2019. But, it is seen from the evidence and Ext.A1 that there has been a part payment of 30,000/- on 14.09.2023. Hence, the suit herein is saved from the law of limitation.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff an amount of 89,666/- (Rupees eighty nine thousand six hundred and sixty six only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or its assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Purnima Papers
- Party Role
- Defendant
- Party Name
- Five Star Offset Printers
Plaintiffs Documents
Computer print out of Ledger Account Statement, Office copy of the Lawyer Notice, Returned postal acknowledgment
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachu Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T. M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaina Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of ₹89,666 with interest.
Evidence:
The defendant is directed to pay to the plaintiff an amount of 89,666/- (Rupees eighty nine thousand six hundred and sixty six only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realization from the defendant or its assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Computer print out of Ledger Account Statement
Submitted By:
Plaintiff
Relevance:
Used to establish the outstanding balance due from the defendant.
Reference:
Ext.A1
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Served as notice regarding the outstanding payment.
Reference:
Ext.A2
Document Type:
Returned postal acknowledgment
Submitted By:
Plaintiff
Relevance:
Evidence of delivery for the sent notice.
Reference:
Ext.A3
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. Purnima Papers vs Five Star Offset Printers regarding realisation of money
Case Code Year
Case between M/s. Purnima Papers vs Five Star Offset Printers regarding realisation of money