Case Summary
The plaintiff, M/s Dany Martin Associates, is seeking recovery of a debt amounting to ₹1,03,366/- from the defendants, M/s Padippurayil Kitchen Accessories and K.K. Anil Kumar. The defendants failed to pay despite multiple demands, leading the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,03,366/- with 6% interest from the date of the suit till the date of realization, costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff, allowing the recovery of ₹1,03,366/- along with interest from the defendants. The court concluded that the defendants had not presented evidence to contest the claims.
Why Plaintiff Won:
The court found sufficient evidence presented by the plaintiff regarding the outstanding amount.
The court found sufficient evidence presented by the plaintiff regarding the outstanding amount.
Losing Side's Weaknesses:
The court found sufficient evidence presented by the plaintiff regarding the outstanding amount.
The court found sufficient evidence presented by the plaintiff regarding the outstanding amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,03,366/- (Rupees One Lakh Three Thousand Three Hundred and Sixty-Six Only) is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,03,366/- (Rupees One Lakh Three Thousand Three Hundred and Sixty-Six Only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Dany Martin Associates
- Party Role
- Plaintiff
- Party Name
- Saji Jose
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Padippurayil Kitchen Accessories
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- K.K. Anil Kumar
- Relation
- Managing Partner
Plaintiffs Documents
Original ledger account, legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nair Ajay Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vishnu. S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vaisakh Subodhan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Anuradha P. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vishnu Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of ₹1,03,366/- with interest from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of ₹1,03,366/- (Rupees One Lakh Three Thousand Three Hundred and Sixty-Six Only) with 6% interest from the date of the suit till the date of realization, from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original ledger account
Submitted By:
Plaintiff
Relevance:
Proves the amount due from the defendants.
Reference:
Ext.A1
Document Type:
Original legal notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of legal communication regarding the outstanding payment.
Reference:
Ext.A2
Document Type:
Copy of the reply notice
Submitted By:
Plaintiff
Relevance:
Shows the response of the plaintiff to the defendants' legal notice.
Reference:
Ext.A3
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
Provides evidence of the defendants' response to the plaintiff's communication.
Reference:
Ext.A4
Document Type:
Copy of the legal notice
Submitted By:
Plaintiff
Relevance:
Indicates the legal demand for payment made to the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt of legal notices by the defendants.
Reference:
Ext.A6 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2022