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O.S. No.478/2024

Case between R. Unnikrishnan vs Deo Naturals regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2024-09-02
Duration
Case Closed
Mon, 09/02/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves R. Unnikrishnan, the sole proprietor of UNILAB, suing Deo Naturals for unpaid debts related to the sale of detergent materials. Unnikrishnan claims that despite sending reminders and a lawyer's notice, the defendant has failed to pay the full amount owed.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing the realization of Rs. 47,323 and awarding interest.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.47,323 and interest as specified.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the realization of Rs. 47,323 and awarding interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was sufficient to establish the claim without any countervailing evidence from the defendant.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was sufficient to establish the claim without any countervailing evidence from the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.47,323 from the defendant and from his assets. Plaintiff is entitled to realize interest @ 12% per annum for Rs.47,323 from the date of suit till date decree from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
R. Unnikrishnan
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Deo Naturals
Relation
Represented by
Plaintiffs Documents
Printout of e-invoice dated 07.12.2022, Copy of lawyer's notice dated 27.10.2023, Original A/D Card, Account statement along with certification.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
John Numpeli Junior
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ajith V.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs.47,323 from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.47,323 (Rupees forty seven thousand three hundred and twenty three only) from the defendant and from his assets.
Relief Type: Interest
Outcome: Partly Granted
Description:
Plaintiff is entitled to realize interest at 12% per annum for the amount from the date of suit till the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.47,323 from the date of suit till date decree from the defendant and from his assets.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum for the amount from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.47,323 from date of decree till date of realization from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Printout of e-invoice
Submitted By: Plaintiff
Relevance:
Used to substantiate the sale of materials to the defendant.
Reference:
Ext.A1
Document Type: Certification of Ext A1
Submitted By: Plaintiff
Relevance:
Validates the authenticity of the e-invoice.
Reference:
Ext.A1(a)
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
Serves as proof of demand for payment from the defendant.
Reference:
Ext.A2
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by the defendant.
Reference:
Ext.A3
Document Type: Account statement along with certification
Submitted By: Plaintiff
Relevance:
Demonstrates the financial transactions between plaintiff and defendant.
Reference:
Ext.A4
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The oral testimony of the plaintiff supported his claims.
Reference:

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 R. Unnikrishnan vs Deo Naturals regarding realization of money.
Case Code Year
Case between R. Unnikrishnan vs Deo Naturals regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 10/11/2022 - 12:00
Case Closed
Mon, 09/02/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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