Case Summary
The plaintiff, Pratheeksha Kuries and Investments Pvt. Ltd., has filed a suit against the defendants for the recovery of a due amount of Rs. 2,38,000/- from a chit agreement. The defendants defaulted on their payment obligations despite multiple notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,38,000/- along with interest @6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount along with interest. The judgment also stated that the defendants' assets are liable to satisfy the decree.
Why Plaintiff Won:
The plaintiff established a case supported by unchallenged documents and affidavits.
The plaintiff established a case supported by unchallenged documents and affidavits.
Losing Side's Weaknesses:
The plaintiff established a case supported by unchallenged documents and affidavits.
The plaintiff established a case supported by unchallenged documents and affidavits.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,38,000/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.2,38,000/- (Rupees Two lakhs thirty eight thousand only) along with interest @6% per annum from the date of suit till realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by its Manager, Smt. Girijakumari A T
- Party Role
- Defendant
- Party Name
- Remesan K C
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kanakappan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified true copy of the resolution, receipts, demand notices.
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
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.2,38,000/- with interest from defendants.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,38,000/- with interest from defendants.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Certified true copy of the resolution
Submitted By:
Plaintiff
Relevance:
This document authorized Mr. Nitheesh V R to conduct the case of the plaintiff company.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt of Rs. 1,18,000/- signed by the defendants.
Reference:
Ext.A2
Document Type:
Office copy of the demand notice
Submitted By:
Plaintiff
Relevance:
Copy of the demand notice issued to the 1st defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the demand notice.
Reference:
Ext.A4
Document Type:
Returned Postal Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment signed by the defendant confirming receipt of the demand notice.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the defendant on behalf of the plaintiff company.
Reference:
Ext.A6
Document Type:
Postal receipt evidencing service of the legal notice
Submitted By:
Plaintiff
Relevance:
Proof of service of the legal notice to the 1st defendant.
Reference:
Ext.A7
Document Type:
Postal receipt evidencing service of the legal notice
Submitted By:
Plaintiff
Relevance:
Proof of service of the legal notice to the 2nd defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Remesan K C et al regarding realization of money.
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Remesan K C et al regarding realization of money.