Case Summary
The plaintiffs, M/s. Chaithanya Enterprises and its partners, are suing the defendants for recovery of money related to chitty transactions. The defendants defaulted on payments for the installments of the chitty.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,16,000 along with interest at the rate of 12% from the date of suit till the date of decree and future interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay a total of Rs. 2,16,000 along with interest. The plaintiffs were recognized as entitled to recover the owed amount.
Why Plaintiff Won:
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
Losing Side's Weaknesses:
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
Supporting Evidence
The evidence of PW1 read along with Ext. A1 to A4 proves that the defendants are liable to pay the amount on default of repayment of the auctioned chitty.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of Rs. 2,16,000/- along with interest at the rate of 12% from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Chaithanya Enterprises
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Valsala Mukundan
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Tony
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu P. Paul
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Paulose
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mary Paulose
- Party Age
- 69
- Relation
- W/o
Plaintiffs Documents
Certified copies of chitty agreements, original receipts, and legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.M. John
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anand Omanakuttam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover an amount of Rs. 2,16,000/- along with interest.
Evidence:
The defendants are hereby directed to pay an amount of Rs. 2,16,000/- along with interest at the rate of 12% from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to realize the costs of the suit from the defendants.
Evidence:
Considering the nature and circumstances of the case, the plaintiffs are entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of chitty agreement of Chitty No. 75 with statement No. 28.
Reference:
Ext.A1
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of chitty agreement of Chitty No. 75 with Statement No. 29.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card.
Reference:
Ext.A6
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of registration certificate issued by registrar of firms.
Reference:
Ext.A7
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.S.No.454/2015.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of Form B notice issued as per Rule 4 of the Punjab Shops and Commercial establishment Rules, 1958.
Reference:
Ext.A9
Document Type:
Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of Form F statement of registration of establishment issued as per Rule 13 of the Punjab shops and commercial Establishment Rule, Act 1958.
Reference:
Ext.A10
Document Type:
Ledger
Submitted By:
Plaintiff
Relevance:
Ledger of chitty account book of chitty No.75/2011.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Recovery of money
Case Code
Case between M/s. Chaithanya Enterprises et al vs Shibu P. Paul et al regarding recovery of money
Case Code Year
Case between M/s. Chaithanya Enterprises et al vs Shibu P. Paul et al regarding recovery of money