Case Summary
Nikhil.N.Asher, the managing partner of Kumud Enterprises, filed a suit against Jabir for the recovery of a debt related to business transactions involving laminates and PVC foam boards. The defendant acknowledged the debt but failed to repay the full amount due after several attempts by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,76,322/- along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding amount along with interest. The defendant was also held responsible for the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
Losing Side's Weaknesses:
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
The plaintiff established a case with unchallenged evidence showing the defendant's acknowledgment of the debt.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,76,322/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,76,322/- (Rupees One lakh seventy six thousand, three hundred and twenty two only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nikhil.N.Asher
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jabir
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Account Statement of the Defendant, Tax invoice bill No.4097, Tax invoice Bill No. 104, Tax invoice bill No. 413, Tax invoice bill No. 1261, lawyer notice issued to the defendant, postal receipt for the issuance of the lawyer notice, acknowledgement card for the acknowledgement of the lawyer notice
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:
Plaintiff is entitled to realize an amount of Rs.1,76,322/- with interest from defendant.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,76,322/- with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant and his assets shall be liable to satisfy the decree debt.
Evidence:
Defendant and his assets shall be liable to satisfy the decree debt.
Relief Type:
Recovery
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:
Account Statement
Submitted By:
Plaintiff
Relevance:
The true copy of the Account Statement of the Defendant kept by the plaintiff.
Reference:
Ext.A1
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No.4097 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice Bill No. 104 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No. 413 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A4
Document Type:
Tax Invoice Bill
Submitted By:
Plaintiff
Relevance:
Tax invoice bill No. 1261 issued by the plaintiff in the name of the defendant.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The copy of the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt for the issuance of the lawyer notice.
Reference:
Ext.A7
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The acknowledgement card for the acknowledgement of the lawyer notice.
Reference:
Ext.A8
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 Nikhil.N.Asher vs Jabir regarding realization of money
Case Code Year
Case between Nikhil.N.Asher vs Jabir regarding realization of money