Case Summary
The plaintiff, Pratheeksha Kuries and Investments Pvt Ltd., is seeking to recover money from the defendants, Joy P.P and Paul M.V, due to their default in payments under a chit fund agreement. The defendants have contested the suit, claiming that the plaintiff lacks legal standing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants ordered to pay ₹2,06,632 with 9% interest per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a sum of ₹2,06,632 along with interest. Additionally, the plaintiff is entitled to recover the amount from the defendants' assets in case of default.
Why Plaintiff Won:
The plaintiff successfully proved the existence of a legal obligation and default by the defendants.
The plaintiff successfully proved the existence of a legal obligation and default by the defendants.
Losing Side's Weaknesses:
The plaintiff successfully proved the existence of a legal obligation and default by the defendants.
The plaintiff successfully proved the existence of a legal obligation and default by the defendants.
Supporting Evidence
The unchallenged proof affidavit as well as documents would satisfactorily answer these issues in favour of the plaintiff especially considering the fact that there is no evidence to substantiate the pleadings of the defendant.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of 2,06,632/- (Rupees Two Lakhs Six Thousand Six Hundred and Thirty-Two only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Joy P.P
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Paul M.V
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Resolution no.13 authorizing N.V.Saseendran to conduct the case, Chitty Surety Agreement executed by the defendants, Receipt signed by the defendants, Office copy of the lawyer notice issued by the plaintiff to the defendants, Returned legal notice along with Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.V.Sanosh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Sugunan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.A.Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the amount due from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of 2,06,632/- (Rupees Two Lakhs Six Thousand Six Hundred and Thirty-Two only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorized N.V.Saseendran to conduct the case.
Reference:
Ext.A1
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants for the chit transaction.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Signed by the defendants to acknowledge the transaction.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued to the defendants demanding payment.
Reference:
Ext.A4
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
Returned legal notice along with acknowledgment card.
Reference:
Ext.A5
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 Pratheeksha Kuries and Investments Pvt Ltd. vs Joy P.P et al regarding money recovery
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt Ltd. vs Joy P.P et al regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt