Case Summary
Southern Phosphate & Mineral, a partnership firm, has filed a suit against Mahavishnu Agro Service and its proprietor Mahesh due to unpaid debts totaling Rs.6,71,591/-. The defendants have failed to clear the outstanding dues despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.7,28,777/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendants are ordered to pay Rs.7,28,777/- along with interest.
Why Plaintiff Won:
Plaintiff established a case through evidence and the defendants' admission of liability.
Plaintiff established a case through evidence and the defendants' admission of liability.
Losing Side's Weaknesses:
Plaintiff established a case through evidence and the defendants' admission of liability.
Plaintiff established a case through evidence and the defendants' admission of liability.
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.7,28,777/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.7,28,777/- 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
- Southern Phosphate & Mineral
- Party Role
- Defendant
- Party Name
- Mahavishnu Agro Service
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mahesh
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Original of the letter of authorization dated 15.10.2024, Original of tax invoice No.SPMKL0449/21-22 dated 09.06.2021, Original of tax invoice No.SPMKL0662/21-22 dated 06.07.2021, Original of tax invoice No.SPMKL3996/21-22 dated 13.08.2021, Office copy of lawyer notice dated 12.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babu Shankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Menino Futo
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antija James
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Sankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshaya Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.7,28,777/- along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.7,28,777/- with interest from defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest is to be paid at the rate of 12% from the date of suit till the date of decree and 6% from the date of decree till payment.
Evidence:
Defendants are directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
Authorized Mr. M.B Sanjeev to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documented the sale of goods to the 1st defendant.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the defendants of their outstanding dues.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice.
Reference:
Ext.A7
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Shows that the notice sent to the 1st defendant was returned undelivered.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of notification by the 2nd defendant.
Reference:
Ext.A9
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 Southern Phosphate & Mineral vs Mahavishnu Agro Service regarding realization of money
Case Code Year
Case between Southern Phosphate & Mineral vs Mahavishnu Agro Service regarding realization of money