Case Summary
M/s. George Infra Private Limited has filed a suit for the recovery of an outstanding amount from the defendant, Asokan, who has failed to settle his dues despite repeated demands. The defendant had made purchases from the plaintiff's retail outlet and has liability for a total sum of Rs. 54,155/- including interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 54,155/- from the defendants with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting the recovery of Rs. 54,155/- from the defendant along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff established the amount due from the defendant.
The unchallenged evidence of the plaintiff established the amount due from the defendant.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff established the amount due from the defendant.
The unchallenged evidence of the plaintiff established the amount due from the defendant.
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: 1. The plaintiff is entitled to realise an amount of Rs. 54,155/- (Rupees Fifty Four Thousand One Hundred and Fifty Five only) from the defendants 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
- M/s.George Infra Private Limited
- Party Role
- Defendant
- Party Name
- Asokan
Plaintiffs Documents
Copy of certificate of registration issued by Registrar of firms in the name of George and Company, Certified copy of partnership deed along with addendum, Certified copy of form No.URCL pursuant to rule 3(2) of the Companies Rules, 2014.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Vandana Venugopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. TK Shibu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 54,155 from the defendant as per the suit.
Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 54,155/-...
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover 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:
Copy of certificate of registration issued by Registrar of firms
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Certified copy of partnership deed along with addendum and other documents
Submitted By:
Plaintiff
Relevance:
Supports the claims regarding the partnership structure.
Reference:
Ext.A2
Document Type:
Abstract of minutes of meeting of partners
Submitted By:
Plaintiff
Relevance:
Demonstrates the operational decisions of the partnership.
Reference:
Ext.A3
Document Type:
Certified copy of form No.URCL
Submitted By:
Plaintiff
Relevance:
Confirms the incorporation of the private limited company.
Reference:
Ext.A4
Document Type:
Certificate of incorporation of George Infra Private Limited
Submitted By:
Plaintiff
Relevance:
Validates the establishment of the plaintiff's incorporated entity.
Reference:
Ext.A5
Document Type:
Abstract of minutes of meeting of Directors
Submitted By:
Plaintiff
Relevance:
Validates ongoing management and decisions of the incorporated company.
Reference:
Ext.A6
Document Type:
Abstract of minutes of meeting of Directors
Submitted By:
Plaintiff
Relevance:
Further confirms administrative actions within the company.
Reference:
Ext.A7
Document Type:
Certified copy of ledger account
Submitted By:
Plaintiff
Relevance:
Details transactions relevant to the claim against the defendant.
Reference:
Ext.A8
Document Type:
Certified copy of ledger account
Submitted By:
Plaintiff
Relevance:
Another account record supporting the outstanding balance.
Reference:
Ext.A9
Document Type:
Credit bill issued to Madhu Malaparambu and Asokan Kundayithodu
Submitted By:
Plaintiff
Relevance:
Evidence of sales transaction related to the amount due.
Reference:
Ext.A10
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows attempts made to recover the debt.
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
Recovery of money
Case Code
Case between M/s.George Infra Private Limited vs Asokan regarding realisation of money.
Case Code Year
Case between M/s.George Infra Private Limited vs Asokan regarding realisation of money.