Case Summary
The plaintiff, M/s. Konari Enterprises, is seeking to recover an amount due from the defendant, M/s.K.M.Traders, following a credit facility availed by the defendant. The defendant has failed to repay the amount despite repeated reminders and a lawyer's notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 97,435/- with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, ordering the defendant to pay a total of Rs. 97,435/- along with interest and costs.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff established the debt owed by the defendant.
The unchallenged evidence of the plaintiff established the debt owed by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A5 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. 97,435/- (Rupees ninety seven thousand four hundred and thirty five only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Konari Enterprises
- Party Role
- Defendant
- Party Name
- M/s.K.M.Traders
- Relation
- Represented by
Plaintiffs Documents
Copy of partnership deed, Tax invoice issued, Copy of lawyer notice, Reply letter issued from postal department, Copy of Account ledger.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ravi Mangalassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Hari Priya
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 97,435 from the defendant with interest.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 97,435/- (Rupees ninety seven thousand four hundred and thirty five only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
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:
Copy of partnership deed of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice No. 37 of Konari Enterprises to K.M. Traders Tirur.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of lawyer notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal Reply Letter
Submitted By:
Plaintiff
Relevance:
Reply letter from the Postal Department.
Reference:
Ext.A4
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Ledger account for M/s K.M. Traders, Tirur, dated from 01.04.2018 to 31.03.2019.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Konari Enterprises vs M/s.K.M.Traders regarding return of money
Case Code Year
Case between M/s. Konari Enterprises vs M/s.K.M.Traders regarding return of money