Case Summary
This case involves Jimmichan Mathew, the plaintiff, who entered into a partnership and later sought to retire, claiming unpaid amounts from the defendant Geetha Santhosh Kumar. The plaintiff alleges that the defendant failed to repay the agreed amount following his retirement from the partnership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.9,28,500 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, ordering the defendant to pay Rs.9,28,500 with interest for the default in payment of the settlement agreement. Additionally, the plaintiff is entitled to recover costs of the proceedings.
Why Plaintiff Won:
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
Losing Side's Weaknesses:
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
Supporting Evidence
The defendant has admitted her liability to pay the amounts due as per the agreement, and no evidence was presented to dispute this obligation.
Judgment Evidence:
In the result, issue No.2 is found in favour of plaintiff. Therefore, the suit is decreed as follows: Plaintiff is entitled to realize Rs.9,28,500 (Rupees Nine lakhs twenty eight thousand five hundred only) with interest @ 12% per annum on the principal amount of Rs.9,00,000 (Rupees Nine lakhs only) from the date of suit till decree and thereafter @ 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jimmichan Mathew
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha Santhosh Kumar
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Agreement for retirement from partnership business executed between the plaintiff and the defendant, Copy of receipt issued by the plaintiff to the defendant, Copy of lawyer notice issued to the defendant on behalf of the Plaintiff, Reply notice issued to the plaintiff on behalf of the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Rajendran Perumbavoor
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh.N.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P.Unni
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.H Haris
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jinimol P.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lekshmi Shankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nancymol.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anandhu.P.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishna.T.B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 9,00,000/- along with interest from the defendant.
Evidence:
Therefore from the above discussion, perusing pleadings and evidence on record this court is satisfied that the plaintiff is entitled to recover Rs.9,00,000/- with interest from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the proceedings from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the proceedings from defendant.
Documents & Evidence
Document Type:
Agreement for retirement from partnership business
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the plaintiff agreed to retire from the partnership and the defendant's obligation to pay the plaintiff.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
The receipt acknowledges the payment of Rs. 5 lakhs made by the defendant to the plaintiff as part of the agreement.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding the payment of the outstanding amount as per the agreement.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This reply was sent by the defendant in response to the lawyer notice, discussing the payment and agreement status.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Jimmichan Mathew vs Geetha Santhosh Kumar regarding realization of money
Case Code Year
Case between Jimmichan Mathew vs Geetha Santhosh Kumar regarding realization of money