Case Summary
Anil Kumar was a partner in a firm against Universal Electrical & Plumbing Training and is seeking the return of funds he invested. The plaintiff alleges that despite agreements, the defendant has failed to repay the amount owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.73853/- with interest at the rate of 9 percent from date of suit till date of decree and future interest at the rate of 6 percent from date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, awarding him the sum of Rs 73,853 along with interest from the date of the suit. The defendant is also liable for the costs of the proceedings.
Why Plaintiff Won:
The plaintiff's case was proved by unchallenged oral testimony and relevant documents.
The plaintiff's case was proved by unchallenged oral testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff's case was proved by unchallenged oral testimony and relevant documents.
The plaintiff's case was proved by unchallenged oral testimony and relevant documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 documents produced by him.
Judgment Evidence:
In the result, The plaintiff shall be entitled to realize Rs.73853/- (Rupees Seventy three thousand eight hundred and fifty three) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization. The defendant shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Kumar. P.K
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Universal Electrical & Plumbing Training
- Relation
- Represented by
Plaintiffs Documents
Exhibit A1 is the deed of partnership dated 30.10.2020, Exhibit A2 is the reconstituted deed of partnership dated 23.02.2021, Exhibit A3 is the agreement dated 10.08.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. D.Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shajir.C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Fathimath Suhiyana
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize Rs.73853 from the defendant with interest.
Evidence:
The plaintiff shall be entitled to realize Rs.73853/- ( Rupees Seventy three thousand eight hundred and fifty three) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Deed of Partnership
Submitted By:
Plaintiff
Relevance:
This document establishes the partnership agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Reconstituted Deed of Partnership
Submitted By:
Plaintiff
Relevance:
This document outlines the reconstitution of the partnership firm after the retirement of a partner.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document is an agreement for payment, stipulating the terms under which the defendant would repay the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Anil Kumar. P.K vs Universal Electrical & Plumbing Training regarding realization of money.
Case Code Year
Case between Anil Kumar. P.K vs Universal Electrical & Plumbing Training regarding realization of money.