Case Summary
The plaintiff, M/s Lab X, is seeking to recover an outstanding amount from the defendants, M/s Biomed Diagnostic Services and its Proprietrix, Neenu Abhilash, for supplies made against invoices. The defendants failed to pay the due amount despite multiple reminders and legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹47,037/- with interest and recover the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay ₹47,037/- along with interest and costs of the suit. The defendants did not present a defense, leading to a judgment based on the evidence provided by the plaintiff.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence demonstrating the defendants' liability to pay the outstanding amounts.
The plaintiff provided unchallenged evidence demonstrating the defendants' liability to pay the outstanding amounts.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence demonstrating the defendants' liability to pay the outstanding amounts.
The plaintiff provided unchallenged evidence demonstrating the defendants' liability to pay the outstanding amounts.
Supporting Evidence
The evidence adduced by the plaintiff remains unchallenged. The oral and documentary evidence provided by PW1 clearly establishes that an amount of ₹47,037/- is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realise an amount of ₹47,037/- (Rupees Forty-Seven Thousand Thirty-Seven only) with interest at the rate of 6% per annum from the date of the suit till the date of realisation, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.Arun.S
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Biomed Diagnostic Services
- Party Role
- Defendant
- Party Name
- Neenu Abhilash
- Party Age
- 33
- Relation
- Proprietrix
Plaintiffs Documents
Invoice No.AC/0853 dated 14.06.2022, Invoice No.AC/0911 dated 17.06.2022, Invoice No.AC/1078 dated 29.06.2022, bank statement dated 02.08.2022, letter dated 07.02.2023, advocate's notice dated 17.05.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Sasikumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum of ₹47,037/- with interest.
Evidence:
In the result; the suit is decreed as follows: - (a)The plaintiff is entitled to realise an amount of ₹47,037/-.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit from the defendants.
Evidence:
In the result; the suit is decreed as follows: - (b) The plaintiff is also entitled to recover the costs of this suit.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice No.AC/0853 dated 14.06.2022 acknowledged by the defendant.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice No.AC/0911 dated 17.06.2022 duly acknowledged by the defendant.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Tax Invoice No.AC/1078 dated 29.06.2022 also acknowledged by the defendant.
Reference:
Ext.A3
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
True copy of relevant bank statement evidencing the bank transfer of ₹10,000/-.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
True copy of the letter dated 07.02.2023 issued to the defendants.
Reference:
Ext.A5
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
True copy of advocate's notice demanding payment of dues.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt evidencing delivery of advocate’s notice.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt evidencing delivery of advocate’s notice.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original postal acknowledgment card received from the defendants.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original postal acknowledgment card received from the defendants.
Reference:
Ext.A10
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the advocate fee receipt for service of lawyer’s notice.
Reference:
Ext.A11
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
2023