Case Summary
The plaintiff, KA Rauf, is an affluent businessman from Calicut who entered into a business arrangement with the defendant, Jitendra D Bhardwaj, regarding the supply of cigarette and tobacco products. The suit seeks to recover expenses incurred by the plaintiff due to the defendant's failure to fulfill his obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 2,56,963/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover a total of Rs. 2,56,963/- from the defendant, along with interest and costs.
Why Plaintiff Won:
The unchallenged evidence of PW1 and marked exhibits support the plaintiff's entitlement to a decree.
The unchallenged evidence of PW1 and marked exhibits support the plaintiff's entitlement to a decree.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and marked exhibits support the plaintiff's entitlement to a decree.
The unchallenged evidence of PW1 and marked exhibits support the plaintiff's entitlement to a decree.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A12 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 2,56,963/- (Rupees Two Lakhs Fifty Six Thousand Nine Hundred and Sixty Three only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KA Rauf
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jitendra D Bhardwaj
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
True copy of instant payment receipt issued by Nilambur Traders for an amount of Rs.5,335/, True copy of flight ticket booking from Jaipur to Mumbai for an amount of Rs.5331/, True copy of tax invoice of Hotel booking from 13.10.2023 to 15.10.2023 at Hotel Modern in Mumbai.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sheela T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- CK Preman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 2,56,963/- from the defendant with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 2,56,963/- (Rupees Two Lakhs Fifty Six Thousand Nine Hundred and Sixty Three only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
True copy of instant payment receipt issued by Nilambur Traders for an amount of Rs.5,335/
Reference:
Ext.A1
Document Type:
Flight Ticket
Submitted By:
Plaintiff
Relevance:
True copy of flight ticket booking from Jaipur to Mumbai for an amount of Rs.5331/
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
True copy of tax invoice of Hotel booking from 13.10.2023 to 15.10.2023 at Hotel Modern in Mumbai for an amount of Rs.4855/- in the name of Jitendra D Bhardwaj
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
True copy of tax invoice issued for flight for an amount of 10,612/-.
Reference:
Ext.A4
Document Type:
Cash Back
Submitted By:
Plaintiff
Relevance:
True copy of cash back received on flight ticket for an amount of Rs.1192/
Reference:
Ext.A5
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
True copy of tax invoice of Hotel booking from 15.10.2023 to 16.10.2023 at Hotel Modern in Mumbai for Rs.2530/- of Jithendra D Bhardwaj.
Reference:
Ext.A6
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
True copy of tax invoice of Hotel booking from 15.10.2023 to 16.10.2023 at Hotel Modern in Mumbai for Rs.2530/- of KA Rauf.
Reference:
Ext.A7
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
True copy of payment receipt paid to Aswini Parida for an amount of Rs.10,000/- through UPI Transaction.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of M/s. Nilambur Traders showing transaction for an amount of Rs.1,00,000/- with payment summary.
Reference:
Ext.A9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of M/s.Nilambur Traders showing transaction of an amount of Rs.25,000/- with payment summary.
Reference:
Ext.A10
Document Type:
Flight Ticket
Submitted By:
Plaintiff
Relevance:
True copy of flight ticket of KA Rauf.
Reference:
Ext.A11
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Copy of Aadhar card of Jitendra D Bhardwaj.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between KA Rauf vs Jitendra D Bhardwaj regarding realisation of money
Case Code Year
Case between KA Rauf vs Jitendra D Bhardwaj regarding realisation of money