Case Summary
M/s Muthoot Securities Limited filed a suit against Mr. Mathew Samuel for the recovery of a debt amounting to Rs. 9,49,053 arising from trading activities. The plaintiff claims that the defendant failed to clear the debit balance in his account despite multiple notices.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Defendant is entitled to realize the costs of the proceedings from plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as it was barred by limitation. The defendant was found entitled to the costs of the proceedings from the plaintiff.
Key Reasoning:
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
Why Defendant Won:
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
Supporting Evidence
On an overall appreciation of the facts and circumstances of the case, I am satisfied that the suit is barred by limitation.
Judgment Evidence:
In the result, Suit dismissed. Defendant is entitled to realize the costs of the proceedings from plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Muthoot Securities Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Mathew Samuel
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Notarized copy of Power of Attorney executed by the plaintiff in favour of Mr. Vidhukumar B, Certified copy of ledger details for the period from 1.4.2009 to 31.3.2010, Office copy of lawyer notice issued to the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C R Syamkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suneeth S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Chacko S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sandeep S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeji K B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Margaret John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Suit for realization of the amounts due towards plaintiff
Evidence:
Accordingly, I find that the above suit is barred by limitation.
Relief Type:
Cost of proceedings
Outcome:
Granted
Description:
Defendant is entitled to realize the cost of the proceedings from plaintiff
Evidence:
Considering the facts and circumstances of the case as defendant is entitled to realize the cost of the proceedings from plaintiff.
Documents & Evidence
Document Type:
Notarized copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the plaintiff in favour of Mr. Vidhukumar B
Reference:
Ext.A1
Document Type:
Certified copy of ledger details
Submitted By:
Plaintiff
Relevance:
For the period from 1.4.2009 to 31.3.2010
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant
Reference:
Ext.A3
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 M/s Muthoot Securities Limited vs Mr. Mathew Samuel regarding realization of money
Case Code Year
Case between M/s Muthoot Securities Limited vs Mr. Mathew Samuel regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour