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O.S. No. 531 /20 23

Case between Miczo kft vs Jestin Kurian regarding realization of money

Court
II Additional Munsiff
Judge
Smt. Needi.K.Dinamany
Order Date
2024-09-07
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Miczo kft and MPW Workforce Private Limited are plaintiffs involved in a suit for the realization of money against Jestin Kurian, the defendant. The plaintiffs claim that the defendant breached the terms of his employment, leading to financial losses.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, directing the defendant to pay Rs.2,27,371 along with interest. The defendant's failure to comply with the employment terms resulted in this judgment.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,27,371/- along with interest @12 % per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, directing the defendant to pay Rs.2,27,371 along with interest. The defendant's failure to comply with the employment terms resulted in this judgment.
Why Plaintiff Won:
Plaintiffs established a case based on the breach of employment terms by the defendant.
Losing Side's Weaknesses:
Plaintiffs established a case based on the breach of employment terms by the defendant.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiffs have established a case and they are entitled to realize an amount of Rs.2,27,371/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,27,371/- (Rupees Two lakhs twenty seven thousand three hundred and seventy one only) along with interest @12 % per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiffs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Miczo kft
Party Role
Plaintiff
Party Name
MPW Workforce Private Limited
Party Role
Defendant
Party Name
Jestin Kurian
Party Age
39
Relation
S/o
Plaintiffs Documents
Copy of Power of Attorney, Employment undertaking, Copy of air ticket, Copy of Work Visa and Residence Permit, Copy of the Payroll slip of the defendant in the month of August, Copy of A D card for the legal notice, Copy of legal notice.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vipin P Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adarsh John Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Merline Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Celine John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreelekshmi G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mehnaz P Mohammed
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anirudh G Kamath
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall pay Rs.2,27,371/- along with interest.
Evidence:
Defendant shall pay Rs.2,27,371/- (Rupees Two lakhs twenty seven thousand three hundred and seventy one only) along with interest @12 % per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiffs.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiffs are also entitled to realize the costs of the suit.
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Certified copy of power of attorney executed by 1st plaintiff.
Reference:
Ext.A1
Document Type: Employment Undertaking
Submitted By: Plaintiff
Relevance:
Employment undertaking dated 22.10.2021 executed by defendant in favour of 1st plaintiff.
Reference:
Ext.A2
Document Type: Travel Ticket
Submitted By: Plaintiff
Relevance:
Copy of tickets taken by the 1st plaintiff for the travelling of defendant.
Reference:
Ext.A3
Document Type: Work Visa and Residence Permit
Submitted By: Plaintiff
Relevance:
Copy of work visa and residence permit of defendant issued by 1st plaintiff.
Reference:
Ext.A4
Document Type: Payroll Slip
Submitted By: Plaintiff
Relevance:
Copy of payroll slip of the defendant in the month of August 2022 in Hungarian language and its translated version in English.
Reference:
Ext.A5
Document Type: AD card
Submitted By: Plaintiff
Relevance:
Copy of AD card which was returned as unclaimed.
Reference:
Ext.A6
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Copy of legal notice dated 03.10.2022 issued by 1st plaintiff to the defendant.
Reference:
Ext.A7

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 Miczo kft vs Jestin Kurian regarding realization of money
Case Code Year
Case between Miczo kft vs Jestin Kurian regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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