Case Summary
M/s. Nirmal Associates, represented by its partner C Vijayan, is suing K Surendran for an outstanding debt of Rs. 42,994. The plaintiff claims the defendant failed to pay despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 49,814 from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 49,814 along with interest and costs of the suit.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff entitled them to a decree.
The unchallenged evidence of the plaintiff entitled them to a decree.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff entitled them to a decree.
The unchallenged evidence of the plaintiff entitled them to a decree.
Supporting Evidence
The unchallenged evidence of PW1 with Ext.A1 to A12 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. 49,814 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
- M/s.Nirmal Associates
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- K Surendran
- Party Age
- 55
Plaintiffs Documents
Computerized bills and ledger accounts, lawyer notice issued demanding payment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ahammed kutty Puthalath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shamsudeen Puthalath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rimna V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to recover the outstanding amount.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 49,814/- from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement for 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:
Computerized bill
Submitted By:
Plaintiff
Relevance:
Issued to Golden Enterprises for goods sold.
Reference:
Ext.A1
Document Type:
Computerized bill
Submitted By:
Plaintiff
Relevance:
Issued to Golden Enterprises for goods sold.
Reference:
Ext.A2
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A3
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A4
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A5
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A6
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A7
Document Type:
Computerized copy of ledger account
Submitted By:
Plaintiff
Relevance:
Shows accounts for goods sold to the defendant.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding payment of overdue amount from the defendant.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of lawyer notice by the defendant.
Reference:
Ext.A10
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legitimacy of the plaintiff's claim.
Reference:
Ext.A11
Document Type:
Deed of Addendum
Submitted By:
Plaintiff
Relevance:
Related to the partnership arrangements involving the plaintiff.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between M/s.Nirmal Associates vs K Surendran regarding realisation of money
Case Code Year
Case between M/s.Nirmal Associates vs K Surendran regarding realisation of money