Case Summary
The plaintiff, Shibu Augustine, is suing Ramesh Vishwanathan and his son Rahul Ramesh for failing to repay a deposited amount of money in a fraudulent finance scheme. The plaintiff claims that the defendants misrepresented themselves and induced him to invest in a sham entity, Upayog Nidhi Ltd.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1st defendant shall pay Rs.1,26,098/- along with interest at 12% from the date of suit until payment.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, concluding that the first defendant, Ramesh Vishwanathan, defrauded the plaintiff by failing to return the deposited money. The second defendant was not found to have any involvement or liability.
Why Plaintiff Won:
The plaintiff proved that the first defendant engaged in deceptive practices to induce the investment, showed the dishonored cheque, and provided sufficient evidence of the fraudulent scheme.
The plaintiff proved that the first defendant engaged in deceptive practices to induce the investment, showed the dishonored cheque, and provided sufficient evidence of the fraudulent scheme.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Therefore, the court is satisfied that the plaintiff has proved his case and is directed to pay the amount claimed.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1st defendant shall pay Rs.1,26,098/- (Rupees One lakh twenty six thousand ninety eight only) along with interest @12% from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shibu Augustine
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramesh Vishwanathan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahul Ramesh
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
True copy of page of Ministry of Corporate Affairs from internet, Original of Cheque dated 17.10.2022, Original of dishonour memo dated 19.10.2022, True copy of lawyer notice dated 28.01.2023, Bank Statement for the period from 01.03.2021 to 31.03.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju K Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S Russel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Anto Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vismaya Venugopal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,26,098/- along with interest.
Evidence:
1st defendant shall pay Rs.1,26,098/- (Rupees One lakh twenty six thousand ninety eight only) along with interest @12 % from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st defendant.
Documents & Evidence
Document Type:
True copy of page of Ministry of Corporate Affairs from internet
Submitted By:
Plaintiff
Relevance:
Establishes that the defendants had no connection with the company Upayog Nidhi Ltd.
Reference:
Ext.A1
Document Type:
Original of Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the 1st defendant, which was dishonoured.
Reference:
Ext.A2
Document Type:
Original of dishonour memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the 1st defendant for repayment.
Reference:
Ext.A4
Document Type:
Web page of Ministry of Corporate Affairs from internet
Submitted By:
Plaintiff
Relevance:
Provides proof regarding the fraudulent nature of Upayog Nidhi Ltd.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows the deposit made into the account of Upayog Nidhi Ltd.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Fraudulent scheme
Case Code
Case between Shibu Augustine vs Ramesh Vishwanathan et al regarding realization of money
Case Code Year
Case between Shibu Augustine vs Ramesh Vishwanathan et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour