Case Summary
Nikhil.N. Asher, the plaintiff and Managing Partner of Kumud Enterprises, filed a suit against the firm Plymart and its partners for the recovery of an outstanding amount. The defendants acknowledged the debt but failed to make the remaining payment despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,61,524/- and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, allowing him to recover the outstanding amount due from the defendants. The plaintiff is entitled to also receive interest on the due amount.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
The unrebutted oral testimony of the plaintiff and relevant exhibits established the claim of the plaintiff.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A2, A3, A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.1,61,524/- from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nikhil.N. Asher
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Plymart
- Relation
- Represented through
- Party Role
- Defendant
- Party Name
- Muhammed Suhail
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madari Muhammed Fijas
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raravetty Muhammed Salim
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Sharafudheen
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Print out of Statement of Account from 01.04.2019 to 31.03.2020, Copy of Lawyer's Notice issued to the defendants dated 01.12.2021, Original Postal Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.G. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.1,61,524/- along with interest and costs from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum on Rs.1,61,524/- from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum on Rs.1,61,524/- from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,61,524/- (Rupees One Lakh Sixty One Thousand Five Hundred and Twenty Four only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be realized from the defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Printout of Statement of Account
Submitted By:
Plaintiff
Relevance:
Document outlining the statement of account showing transactions related to the outstanding amount.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants demanding payment of the outstanding amount.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendants.
Reference:
Ext.A3
Document Type:
Certification of Document
Submitted By:
Plaintiff
Relevance:
Certification confirming the authenticity of Ext.A1.
Reference:
Ext.A5
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 Nikhil.N. Asher vs Plymart et al regarding suit for realization of money.
Case Code Year
Case between Nikhil.N. Asher vs Plymart et al regarding suit for realization of money.