Case Summary
Ajay Johns, a practicing lawyer, filed a suit against K.V. Viswambaran for the recovery of advocate fees and other expenses related to a previous case. The defendant was alleged to have evaded payment after an award was issued in favor of the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,00,000 along with interest at the rate of 9% from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 1,00,000 along with interest.
Why Plaintiff Won:
The plaintiff established a case and was entitled to realize the claimed amount.
The plaintiff established a case and was entitled to realize the claimed amount.
Losing Side's Weaknesses:
The plaintiff established a case and was entitled to realize the claimed amount.
The plaintiff established a case and was entitled to realize the claimed amount.
Supporting Evidence
As defendant has not mounted the box in support of his case an adverse inference has to be drawn against him and the defense put forth is liable to be rejected.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,00,000 (Rupees One lakh only) along with interest @ 9% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajay Johns
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.V. Viswambaran
- Party Age
- 84
- Relation
- S/o
Plaintiffs Documents
Certified copy of award in OP(MV) 39/2015, Copy of letter issued by the defendant to the M.A.C.T., Letter issued by the defendant to the plaintiff dated 16.05.2019, Letter issued by the defendant to the plaintiff dated 08.07.2019, Notice issued by the M.A.C.T. to the plaintiff, Office copy of letter issued by the plaintiff to defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.R. Harikirshnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreedevi.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T.K. Ajithkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswani Jyothy.A.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.1,00,000/- with interest from defendant.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize Rs.1,00,000/- with interest from defendant.
Documents & Evidence
Document Type:
Certified copy of award
Submitted By:
Plaintiff
Relevance:
Shows that plaintiff was the lawyer for the defendant in OP (MV) 39/2015 before Hon’ble MACT, Ernakulam.
Reference:
Ext.A1
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendant to the MACT, Ernakulam.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendant to the plaintiff.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendant to the plaintiff.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by MACT to the plaintiff.
Reference:
Ext.A5
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Office copy of letter issued by the plaintiff to the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ajay Johns vs K.V. Viswambaran regarding realization of money
Case Code Year
Case between Ajay Johns vs K.V. Viswambaran regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt