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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.
Key Reasoning:
The plaintiff failed to establish any contractual agreement or the basis for the transfer of money.
The plaintiff failed to establish any contractual agreement or the basis for the transfer of money.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It should have been properly established before the court that the defendants had obtained money from the plaintiff on promise of investment in share market in return of giving profit or return of the invested amount.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anooja P. A
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jerry James
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abhiya Jerry
- Relation
- W/o
Plaintiffs Documents
Computer print out of statement of account for the period from 13.08.2020 to 30.09.2020, Certified copy of FIR No. 0261/2021.
Defendants Documents
Copy of the Power of Attorney.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.H Hanis (Manakal)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jini mol P.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lekshmi Shankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nancy Mol P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu P.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishna T.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C. Sivadas
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Anooja P. A vs Jerry James et al regarding recovery of money
Case Code Year
Case between Anooja P. A vs Jerry James et al regarding recovery of money