Case Summary
Rajeev Kumar is the plaintiff who deals in car accessories. He filed a suit against N.C.S Autohub Pvt. Ltd and its Managing Director Raju George for recovery of a total amount of ₹1,38,226/- that is due for goods purchased on credit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹1,47,176/- along with interest at 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff Rajeev Kumar, allowing him to recover ₹1,47,176/- from the defendants with interest and cost.
Why Plaintiff Won:
The oral and documentary evidence presented by the plaintiff established that the defendants were liable to pay the outstanding amount.
The oral and documentary evidence presented by the plaintiff established that the defendants were liable to pay the outstanding amount.
Losing Side's Weaknesses:
The oral and documentary evidence presented by the plaintiff established that the defendants were liable to pay the outstanding amount.
The oral and documentary evidence presented by the plaintiff established that the defendants were liable to pay the outstanding amount.
Supporting Evidence
The plaintiff filed an affidavit reiterating the averments in the plaint and provided evidence in support of the claim that the defendants owe ₹1,47,176/- due to the business transactions.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹1,47,176/- (Rupees One Lakh Forty-seven Thousand One Hundred and Seventy-six only) from the defendants, together with interest at 6% per annum from the date of the suit until the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeev Kumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.C.S Autohub Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Raju George
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Statements of bill dated 19.12.2023, Copy of the advocate notice dated 17.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.A.Jayaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹1,47,176/- from the defendants.
Evidence:
the plaintiff is entitled to realize an amount of ₹1,47,176/- (Rupees One Lakh Forty-seven Thousand One Hundred and Seventy-six only) from the defendants, together with interest at 6% per annum from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this 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:
Statements of bill
Submitted By:
Plaintiff
Relevance:
This document establishes the amount due from the defendants based on their purchase of goods on credit.
Reference:
Ext.A1
Document Type:
Statements of bill
Submitted By:
Plaintiff
Relevance:
This document is a supplementary statement of bill supporting the total amount due from the defendants.
Reference:
Ext.A1(a)
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate shows that the statements of bill were taken from the computer, further supporting the evidence of amount due.
Reference:
Ext.A2
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
This document indicates the demand made to the defendants to pay the amount due.
Reference:
Ext.A3
Document Type:
Returned Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document shows that the notice sent to the defendants was returned unserved.
Reference:
Ext.A4
Document Type:
Returned Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document serves as additional evidence of the returned notice.
Reference:
Ext.A4(a)
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt provides proof of the mailing of the advocate notice to the defendants.
Reference:
Ext.A5
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This serves as further evidence of the attempt to notify the defendants.
Reference:
Ext.A5(a)
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
2024