Case Summary
The plaintiff, Abdul Shakoor K.A, is seeking reimbursement from the defendant, Venugopalan K.V, for financial contributions made towards a failed business investment. The plaintiff claims to have invested significant amounts at the defendant's request, but has been excluded from the business operations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay ₹9,28,596/- to the plaintiff with interest at 7.5% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, finding that the defendant is liable to repay a total of ₹9,28,596/- with applicable interest. The court acknowledged the breach of trust by the defendant in managing the funds.
Why Plaintiff Won:
The defendant's breach of agreement and financial mismanagement led to the plaintiff's entitlement to reimbursement.
The defendant's breach of agreement and financial mismanagement led to the plaintiff's entitlement to reimbursement.
Losing Side's Weaknesses:
The defendant's breach of agreement and financial mismanagement led to the plaintiff's entitlement to reimbursement.
The defendant's breach of agreement and financial mismanagement led to the plaintiff's entitlement to reimbursement.
Supporting Evidence
The plaintiff has proved to the satisfaction of this court, his entitlement for Rs.745,000/- paid as cost of machinery, Rs. 50,000/- as amount paid towards license fee at the instance of the defendant, Rs. 25,000/- as rent advance and Rs. 91,000/- towards actual rent paid.
Judgment Evidence:
In the result, the suit is decreed in part as follows, The defendant shall pay the plaintiff a sum of ₹9,28,596/- to the plaintiff with interest at 7.5% per annum from the date of the suit till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Shakoor K.A
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Venugopalan K.V
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Various WhatsApp messages, bank transaction statements, rent agreements, and other certified documents.
Defendants Documents
Account statements and various documents related to the defense claims.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil S Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anila Peter
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Kilanthara
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abdul Basith
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kishor Kumar M.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹9,28,596/- from the defendant.
Evidence:
Thus, the plaintiff is found entitled to realize Rs. 9,11,000/- from the defendant...
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at 7.5% per annum from the date of the cause of action till the date of decree.
Evidence:
the total amount allowed as principal sum adjudged is Rs. 9,28,596/-.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled for the costs of the suit.
Evidence:
Thus, the issue as to costs are also found in favour of the plaintiff.
Documents & Evidence
Document Type:
Extract of the transaction
Submitted By:
Plaintiff
Relevance:
Document evidencing the transaction of ₹1,00,000/- using G-Pay for booking the franchise.
Reference:
Ext.A1
Document Type:
Extract of the transaction
Submitted By:
Plaintiff
Relevance:
Document evidencing the transaction for the same purpose.
Reference:
Ext.A2
Document Type:
Extract of the transaction
Submitted By:
Plaintiff
Relevance:
Document evidencing another transaction towards the franchise.
Reference:
Ext.A3
Document Type:
Extract of the transaction
Submitted By:
Plaintiff
Relevance:
Document evidencing another transaction towards the franchise.
Reference:
Ext.A4
Document Type:
Electronic fund transfer application
Submitted By:
Plaintiff
Relevance:
Document evidencing the transfer of ₹7,45,000/- to M/s Fabrico Cleaning Solutions for machinery purchase.
Reference:
Ext.A5
Document Type:
WhatsApp communication screenshot
Submitted By:
Plaintiff
Relevance:
Document evidencing communication where the defendant requested the plaintiff to make the transfer.
Reference:
Ext.A12
Document Type:
Account Statement
Submitted By:
Court
Relevance:
Document providing proof of the plaintiff's bank account transactions relevant to the case.
Reference:
Ext.X1
Document Type:
Customer application form
Submitted By:
Court
Relevance:
Document related to the defendant's mobile number connection.
Reference:
Ext.X2
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
Document showing the financial situation of the defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Abdul Shakoor K.A vs Venugopalan K.V regarding recovery of money
Case Code Year
Case between Abdul Shakoor K.A vs Venugopalan K.V regarding recovery of money