Case Summary
The plaintiff, a consumer cooperative society, seeks the return of an amount mistakenly transferred to the defendants' account. The defendants failed to return this amount despite being notified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹28,817 with 6% interest per annum from the date of suit till realization, plus costs of litigation
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendants to pay the plaintiff ₹28,817 along with 6% interest per annum. The plaintiff is also entitled to litigation costs.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of ₹28,817/- (Rupees Twenty Eight Thousand Eight Hundred and Seventeen only), with 6% interest per annum from the date of suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cochin Naval Base Consumer, Co-operative Society Ltd
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Midilife Pharmaceuticals
- Relation
- represented by its Proprietor
- Party Role
- Defendant
- Party Name
- Ramesh Kumar
- Relation
- Proprietor Midilife Pharmaceuticals
Plaintiffs Documents
Bylaw of the plaintiff society, Authorization letter, Certified copy of the Account statement from Bank of Baroda, Computer extract of the transaction details, Copy of the lawyer notice issued to the defendant, Certificate issued under Bankers Book of Evidence Act, 1891, Certificate issued under 63(4) of Bharathiya Sakshya Adiniyam, 2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anish K.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sooraj D
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of Rs. 28,817/- from the defendants.
Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹28,817/- (Rupees Twenty Eight Thousand Eight Hundred and Seventeen only), with 6% interest per annum from the date of suit till realization.
Documents & Evidence
Document Type:
Bylaw of the plaintiff society
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Demonstrates the authorization granted to the secretary to represent the society.
Reference:
Ext.A2
Document Type:
Certified copy of the Account Statement
Submitted By:
Plaintiff
Relevance:
Provides evidence of the transaction that led to the mistaken transfer.
Reference:
Ext.A3
Document Type:
Computer extract of the transaction details
Submitted By:
Plaintiff
Relevance:
Evidences the correct payment made to SR Traders.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
Shows the demand for repayment made to the defendants.
Reference:
Ext.A5
Document Type:
Certificate issued under Bankers Book of Evidence Act, 1891
Submitted By:
Plaintiff
Relevance:
Supports the evidentiary claims made by the plaintiff regarding the bank transactions.
Reference:
Ext.A6
Document Type:
Certificate issued under 63(4) of Bharathiya Sakshya Adiniyam, 2023
Submitted By:
Plaintiff
Relevance:
Further substantiates the claims made by the plaintiff in the suit.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unjust enrichment
Case Code
Case between Cochin Naval Base Consumer, Co-operative Society Ltd vs Midilife Pharmaceuticals regarding money transfer reversal.
Case Code Year
Case between Cochin Naval Base Consumer, Co-operative Society Ltd vs Midilife Pharmaceuticals regarding money transfer reversal.