Case Summary
The case involves P.T. Raveendran, the plaintiff, seeking repayment of money from K. Ganesh, the defendant, related to a business venture that did not materialize. The plaintiff claims the defendant used his investment for personal gain instead of starting the agreed business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 6,04,000 and interest at the rate of 12% per annum from 24.05.2016.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay Rs. 6,04,000 to the plaintiff with interest and awarded the costs of the suit to the plaintiff.
Why Plaintiff Won:
The defendant failed to provide evidence to support his claims against the plaintiff, while the plaintiff proved his entitlement to the amount.
The defendant failed to provide evidence to support his claims against the plaintiff, while the plaintiff proved his entitlement to the amount.
Losing Side's Weaknesses:
The defendant failed to provide evidence to support his claims against the plaintiff, while the plaintiff proved his entitlement to the amount.
The defendant failed to provide evidence to support his claims against the plaintiff, while the plaintiff proved his entitlement to the amount.
Supporting Evidence
The defendant failed to establish that he repaid Rs. 2,85,000 to PW1. However, it has come out in evidence that PW1 received Rs. 1,46,000/- from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) That the defendant is directed to pay Rs. 6,04,000(Rupees Six Lakhs Four Thousand Only) and is entitled to realise interest at the rate of 12% per annum from 24.05.2016 till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.T. Raveendran
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. Ganesh
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original mutual agreement executed between Ganesh K. and P.T. Raveendran, Copy of lawyer notice sent by Adv. M.G. Asokan to Ganeshan K. with postal receipt and acknowledgment.
Defendants Documents
Statement of account No.14130100052223 in Rintu E. from 01.01.205 to 01.01.2019, Statement of account No.14130100096857 in Ganesh K. from 01.01.2015 to 01.01.2019.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. G. Asokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Roshna K.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rewaras P.T.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs. 6,04,000 with interest.
Evidence:
The suit is decreed as follows: The defendant is directed to pay Rs. 6,04,000 and is entitled to realise interest at the rate of 12% per annum from 24.05.2016 till the date of decree.
Documents & Evidence
Document Type:
Mutual Agreement
Submitted By:
Plaintiff
Relevance:
Executed between Ganesh K. and P.T. Raveendran regarding the business partnership.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv. M.G. Asokan to Ganeshan K. with postal receipt and acknowledgment.
Reference:
Ext.A2 series
Document Type:
Registered Envelope
Submitted By:
Plaintiff
Relevance:
Returned registered envelope with acknowledgment card.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice sent by Adv. V. Sivaramakrishnan to Adv. M.G. Asokan.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Statement of account from Rintu E. for the period showing transactions related to the case.
Reference:
Ext.B1
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Statement of account from Ganesh K. for the period showing transactions related to the case.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between P.T. Raveendran vs K. Ganesh regarding recovery of money
Case Code Year
Case between P.T. Raveendran vs K. Ganesh regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt