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O.S No. 894/2019

Case between M/s. Sunitha Sales & Service (P) Ltd. vs Ananthu Sukumaran regarding damages for breach of indemnity bond

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2025-01-25
Duration
approximately-7 years 11 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. Sunitha Sales & Service (P) Ltd. filed a suit against Ananthu Sukumaran for damages after he resigned from his position before the completion of the bond period. The plaintiff claims losses incurred due to the defendant's abrupt resignation.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, ruling that the plaintiff failed to prove damages suffered due to the defendant's actions. Both parties were ordered to bear their own costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the plaintiff failed to prove damages suffered due to the defendant's actions. Both parties were ordered to bear their own costs.
Key Reasoning:
The plaintiff failed to establish that they suffered any actual loss as a result of the defendant's resignation.
Why Defendant Won:
The plaintiff failed to establish that they suffered any actual loss as a result of the defendant's resignation.
Supporting Evidence
The evidence presented by the plaintiff did not substantiate claims of incurred expenses for the training of the defendant or any consequent damages.

Judgment Evidence:

In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Sunitha Sales & Service (P) Ltd.
Relation
represented by
Party Role
Plaintiff
Party Name
Mr. Karthik Job
Relation
S/o
Party Role
Plaintiff
Party Name
Mr. V.R. Vamanan
Party Age
62
Relation
Represented by
Party Role
Defendant
Party Name
Ananthu Sukumaran
Party Age
24
Relation
S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Appointment Order, Indemnity bond for Service, True copy of lawyer notice, Postal receipt, Postal Acknowledgment Card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K. R Vinod
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreerekha K. S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.B Rajesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A. N Santhosh
Appearance Type
Main Counsel

Reliefs

Relief Type: Damages
Outcome: Rejected
Description:
Damages of ₹1,21,760 were claimed for losses incurred due to the defendant's abrupt resignation.
Evidence:
The plaintiff has miserably failed to prove a case in their favour and that the plaintiff is not entitled to reliefs in their favour as sought for.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Certified copy of Power of Attorney was submitted, establishing representation of the plaintiff.
Reference:
Ext.A1
Document Type: Appointment Order
Submitted By: Plaintiff
Relevance:
Appointment Order detailing the terms of employment for the defendant.
Reference:
Ext.A2
Document Type: Indemnity Bond
Submitted By: Plaintiff
Relevance:
Indemnity bond entered into by the defendant regarding employment terms.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of lawyer notice sent to the defendant demanding payment.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt related to the lawyer notice sent to the defendant.
Reference:
Ext.A5
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment Card confirming receipt of the lawyer notice by the defendant.
Reference:
Ext.A6

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. Sunitha Sales & Service (P) Ltd. vs Ananthu Sukumaran regarding damages for breach of indemnity bond
Case Code Year
Case between M/s. Sunitha Sales & Service (P) Ltd. vs Ananthu Sukumaran regarding damages for breach of indemnity bond

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/01/2017 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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