Case Summary
Leader Rubber Agencies is a partnership firm that manufactures chappals and is seeking to recover money owed by M/s.Jijo Joy Edappatt, who has defaulted on payments for goods received on credit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 92,865/- 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of Rs. 92,865/- with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff's witness and the presented documents proved the plaintiff’s entitlement to the claimed amount.
The unchallenged evidence of the plaintiff's witness and the presented documents proved the plaintiff’s entitlement to the claimed amount.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff's witness and the presented documents proved the plaintiff’s entitlement to the claimed amount.
The unchallenged evidence of the plaintiff's witness and the presented documents proved the plaintiff’s entitlement to the claimed amount.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A11 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 92,865/- (Rupees Ninety Two Thousand Eight Hundred and Sixty Five 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
- Leader Rubber Agencies
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s.Jijo Joy Edappatt
- Party Age
- 35
Plaintiffs Documents
Partnership deed, Acknowledgment of registration of firm, Deed of Agreement, Ledger Account of Elite Footwear, Lawyer notice, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. EK Vasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Soshiba AK
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 92,865/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 92,865/- (Rupees Ninety Two Thousand Eight Hundred and Sixty Five 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:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the partnership between Varghese Joseph and Paul Varghese.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Document acknowledging the registration of the firm as per Partnership Act.
Reference:
Ext.A2
Document Type:
Deed of agreement
Submitted By:
Plaintiff
Relevance:
Agreement entered into between Varghese Joseph and Paul Varghese.
Reference:
Ext.A3
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Ledger account showing transactions of Elite Footwear from 01.04.2020 to 31.03.2021.
Reference:
Ext.A4
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Ledger account showing transactions of Elite Footwear from 01.04.2021 to 31.03.2022.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent by Adv. EK Vasan to Elite Footwear.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for postal service regarding lawyer's notice.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the lawyer's notice.
Reference:
Ext.A8
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Second lawyer notice sent by Adv. EK Vasan to Elite Footwear.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for postal service regarding the second lawyer's notice.
Reference:
Ext.A10
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the second lawyer's notice.
Reference:
Ext.A11
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 Leader Rubber Agencies vs M/s.Jijo Joy Edappatt regarding realisation of money
Case Code Year
Case between Leader Rubber Agencies vs M/s.Jijo Joy Edappatt regarding realisation of money