Case Summary
This case involves Mr.Shijith P, the plaintiff, who claims that the defendant, Mr.Vishnu C, failed to fulfil his duties as a collection executive, resulting in financial penalties for the plaintiff. The defendant remained absent during the proceedings and was set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 74,779 from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favour of the plaintiff, allowing him to recover a sum of Rs. 74,779 from the defendant along with interest and costs.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff entitled him to a decree as prayed for.
The unchallenged evidence of the plaintiff entitled him to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff entitled him to a decree as prayed for.
The unchallenged evidence of the plaintiff entitled him to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 with Ext.A1 to A6 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. 74,779 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
- Mr.Shijith P
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Vishnu C
- Party Age
- 24
- Relation
- S/o
Plaintiffs Documents
Warning memo with penalty issued by HDFC Bank, Copy of amount transaction details of HDFC Bank, Copy of ID card issued by HDFC Bank to Vishnu K, Copy of lawyer notice sent by Adv.PP Surendran to Vishnu C, Reply of lawyer notice sent by Adv.Harikrishnan KK to Adv.PP Surendran, Copy of collection Agency agreement of HDFC Bank with Pranavam Solutions.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri PP Surendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 74,779/- from the defendant with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 74,779/- (Rupees Seventy Four Thousand Seven Hundred and Seventy Nine only) 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.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise the 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:
Warning memo with penalty
Submitted By:
Plaintiff
Relevance:
This document was used to establish the penalty imposed on the plaintiff due to the defendant's actions.
Reference:
Ext.A1
Document Type:
Copy of amount transaction details
Submitted By:
Plaintiff
Relevance:
This document provided details relevant to the amount in question.
Reference:
Ext.A2
Document Type:
Copy of ID card
Submitted By:
Plaintiff
Relevance:
This document was used to identify the defendant's role as a collection executive.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence showing the plaintiff's demand for payment.
Reference:
Ext.A4
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document showed the defendant's denial of the claims made by the plaintiff.
Reference:
Ext.A5
Document Type:
Copy of collection Agency agreement
Submitted By:
Plaintiff
Relevance:
This document provided context for the plaintiff's relationship with the HDFC Bank and the collection executive.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Mr.Shijith P vs Mr.Vishnu C regarding realisation of money
Case Code Year
Case between Mr.Shijith P vs Mr.Vishnu C regarding realisation of money