Case Summary
The plaintiff, Juzer Esmail, filed a suit for recovery of money against M/s. T. P. HR Profiles Pvt Ltd and its representatives. The case arose after the plaintiff invested money in the company but did not receive promised returns.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Directing the defendants to pay a sum of Rs.50,000/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.50,000 with interest. The defendants are jointly and severally liable for the payment.
Why Plaintiff Won:
The evidence of the plaintiff was found to be unrebutted, and the defendants failed to provide a satisfactory defense.
The evidence of the plaintiff was found to be unrebutted, and the defendants failed to provide a satisfactory defense.
Losing Side's Weaknesses:
The evidence of the plaintiff was found to be unrebutted, and the defendants failed to provide a satisfactory defense.
The evidence of the plaintiff was found to be unrebutted, and the defendants failed to provide a satisfactory defense.
Supporting Evidence
The evidence of the PW1 is unrebutted. There is nothing on record to disbelieve the same. The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents tendered by him.
Judgment Evidence:
In the result, 1.The defendants are hereby directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Juzer Esmail
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. T. P. HR Profiles Pvt Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Favas. T. P.
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Navas
- Relation
- S/o
Plaintiffs Documents
Passbook of Bank India, Copy of lawyer notice, Postal receipts, Postal acknowledgement card, Undelivered cover, Certificate of incorporation of defendant, Memorandum of Association
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sanal Kumar Padannapurath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay a sum of Rs.50,000/- with interest.
Evidence:
The defendants are hereby directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants shall be jointly and severally liable for the payment.
Evidence:
The defendants shall be jointly and severally liable for the same.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants shall pay cost of the proceeding to the plaintiff.
Evidence:
The defendants shall pay cost of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Evidencing transfer of Rs 60000 from her account to that of the first defendant.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice dated 16.11.2021 along with postal receipts.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the Defendant No1 and Defendant No.2.
Reference:
Ext.A3
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Certificate of incorporation of the first defendant.
Reference:
Ext.A5
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
Memorandum of Association of the first defendant.
Reference:
Ext.A6
Document Type:
Google pay payment receipt
Submitted By:
Plaintiff
Relevance:
Copy of google pay payment receipt.
Reference:
Ext.A7
Document Type:
Summary of account
Submitted By:
Plaintiff
Relevance:
Summary of account as on 31.03.2022.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Juzer Esmail vs M/s. T. P. HR Profiles Pvt Ltd et al regarding recovery of money.
Case Code Year
Case between Juzer Esmail vs M/s. T. P. HR Profiles Pvt Ltd et al regarding recovery of money.