Case Summary
Nadhirsha Moideen, the plaintiff, sought recovery of outstanding payments from M/s JVJ Projects Private Limited and its Managing Director, Joseph V.J. The plaintiff claimed that after delivering products worth Rs. 9,63,952.68, the defendants failed to clear their dues despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs. 9,63,952.68 with 6% interest per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the first defendant to pay the outstanding amount along with interest. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The plaintiff successfully established the claim against the first defendant.
The plaintiff successfully established the claim against the first defendant.
Losing Side's Weaknesses:
The plaintiff successfully established the claim against the first defendant.
The plaintiff successfully established the claim against the first defendant.
Supporting Evidence
However, even according to the plaint averments, 1st defendant is a private limited company and 2nd defendant is arrayed in the party array as its managing partner. 1st defendant has independent personality and existence apart from its managing partner.
Judgment Evidence:
In the result, the suit is decreed directing the 1st defendant to pay an amount of Rs.9,63,952.68/- with 6% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nadhirsha Moideen
- Party Role
- Defendant
- Party Name
- M/s JVJ Projects Private Limited
- Party Role
- Defendant
- Party Name
- Joseph V.J
- Relation
- Managing Director
Plaintiffs Documents
Invoices, Cheque, Lawyer's notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Navaz
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.A.Jaleel
- Appearance Type
- Exparte
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.9,63,952.68 with 6% interest.
Evidence:
The suit is decreed directing the 1st defendant to pay an amount of Rs.9,63,952.68/- with 6% interest per annum from the date of suit till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to costs from the 1st defendant.
Evidence:
The plaintiff is also entitled to the costs.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff is entitled to interest at a reasonable rate.
Evidence:
However, this court is inclined to award a reasonable rate of interest, at 6% per annum from the date of the suit up to realization.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued by plaintiff to 1st defendant.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued by plaintiff to 1st defendant.
Reference:
Ext.A2
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued by plaintiff to 1st defendant.
Reference:
Ext.A3
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice issued by plaintiff to 1st defendant.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque drawn on ICICI bank to plaintiff.
Reference:
Ext.A5
Document Type:
Cheque Dishonored Memo
Submitted By:
Plaintiff
Relevance:
Memo regarding dishonor of the cheque.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by defendant no.1 to plaintiff.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter by the plaintiff to Garnishee.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from Garnishee addressed to 1st defendant.
Reference:
Ext.A9
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from Garnishee addressed to 1st defendant.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice to 1st defendant.
Reference:
Ext.A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice to 1st defendant.
Reference:
Ext.A12
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter to Garnishee.
Reference:
Ext.A13
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order issued by defendant to plaintiff.
Reference:
Ext.A14
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order issued by defendant to plaintiff.
Reference:
Ext.A15
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to the transaction.
Reference:
Ext.A16
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order issued by defendant to plaintiff.
Reference:
Ext.A17
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to the transaction.
Reference:
Ext.A18
Document Type:
Purchase Order
Submitted By:
Plaintiff
Relevance:
Purchase order issued by defendant to plaintiff.
Reference:
Ext.A19
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 Nadhirsha Moideen vs M/s JVJ Projects Private Limited regarding recovery of money.
Case Code Year
Case between Nadhirsha Moideen vs M/s JVJ Projects Private Limited regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act