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O.S No. 739/2021

Case between Anooja P. A vs Jerry James et al regarding recovery of money

Court
THE COURT OF THE PRINCIPAL MUNSIFF
Judge
Rohit Nandakumar
Order Date
2024-12-02
Duration
approximately-4 years 3 months

Judgement document from eCourt website

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Case Summary

Anooja P. A filed a suit against Jerry James and Abhiya Jerry for the recovery of ₹5,00,000. The plaintiff alleges that the defendants induced her to invest in their share market business, promising high returns which they failed to provide.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit as the plaintiff failed to prove the existence of any agreement regarding the investment. The court found the plaintiff's conduct implausible given her education and the lack of documentation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish any contractual agreement or the basis for the transfer of money.

Judgment Evidence:

In the result, the suit is dismissed.

Parties Involved

Plaintiffs

Anooja P. A (33 years years) Chirandakath House, Chovvara P. O, Aluva – 683 571

Defendants

Jerry James (30 years years) Vadakkel House, Karithala Mahakavi G Road, Ernakulam, South – 682 011 Abhiya Jerry (Age not specified years) Vadakkel House, Karithala Mahakavi G Road, Ernakulam, South – 682 011

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
The plaintiff sought to recover an amount of ₹5,00,000/- with interest.
Evidence:
Hence, I am of the opinion that the relief sought for in the plaint cannot be granted in favour of the plaintiff.

Documents & Evidence

Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Computer print out of the statement of account for the period from 13.08.2020 to 30.09.2020, marked subject to proof.
Reference:
Ext.A1
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Computer print out of statement of account from 01.01.2021 to 30.09.2024, marked subject to proof.
Reference:
Ext.A2
Document Type: FIR
Submitted By: Plaintiff
Relevance:
Certified copy of FIR No. 0261/2021 relevant to the case.
Reference:
Ext.A3
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Computer print out of statement of account for the period from 13.08.2020 to 30.09.2020.
Reference:
Ext.A4
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
Certificate under the bankers books evidence Act.
Reference:
Ext.A4(a)
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Computer print out of statement of account for the period from 14.08.2020 to 25.02.2021.
Reference:
Ext.A5
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification u/s. 65 B of the Indian Evidence Act 1872 and u/s. 2 A of Bankers Books Evidence Act.
Reference:
Ext.A5(a)
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
Copy of the Power of Attorney, marked subject to proof.
Reference:
Ext.B1

Quick Facts

Location
ERNAKULAM
Case Filed
Fri, 08/14/2020 - 12:00
Outcome Confidence
95%

Involved Entities

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