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O.S No. 125/2023

Case between Ansals Riverdale Owners Association vs Mrs.Anjali Chawla regarding recovery of money

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-01-24
Duration
approximately-1 year 10 months
Case Closed
Wed, 01/24/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Ansals Riverdale Owners Association, claims recovery of unpaid maintenance charges from the defendant, Mrs.Anjali Chawla. The defendant defaulted on her payments and was set ex parte after failing to respond to summons.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, directing the defendant to pay an amount of Rs.1,13,250/- with interest. In default, the plaintiff is entitled to recover the decree amount from the defendant's assets.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.1,13,250/- with 8% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay an amount of Rs.1,13,250/- with interest. In default, the plaintiff is entitled to recover the decree amount from the defendant's assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, The suit is decreed directing the defendant to pay an amount of Rs.1,13,250/- (Rupees one lakh thirteen thousand two hundred and fifty only) with 8% interest per annum from the date of suit( ie, from 4.2.2023) till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ansals Riverdale Owners Association
Relation
represented by its Secretary
Party Role
Defendant
Party Name
Mrs.Anjali Chawla
Plaintiffs Documents
Photocopy of the minutes of the Annual General Body meeting, Certified copy of the Byelaw, Certified copy of the item no. 19(a) resolution passed in the Managing Committee meeting of Ansals Riverdale owners Association, Certified copy of the Calculation made by the Association pertaining to the due charges.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.S.Sajeev Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mohandas K Chacko
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ramesh P.N
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Devipriya Sathyaseelan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff sought to recover an amount of Rs.1,13,250/- from the defendant along with interest.
Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of Rs.1,13,250/- (Rupees one lakh thirteen thousand two hundred and fifty only) with 8% interest per annum from the date of suit( ie, from 4.2.2023) till the date of decree.

Documents & Evidence

Document Type: Minutes of the Annual General Body Meeting
Submitted By: Plaintiff
Relevance:
This document was used to show the decisions made regarding the monthly maintenance charges.
Reference:
Ext.A1
Document Type: Byelaw
Submitted By: Plaintiff
Relevance:
This document provided the governance framework for the Ansals Riverdale Owners Association.
Reference:
Ext.A2
Document Type: Resolution passed in the Managing Committee meeting
Submitted By: Plaintiff
Relevance:
This document contained the specific resolution related to the dues of the defendant.
Reference:
Ext.A3
Document Type: Calculation of due charges
Submitted By: Plaintiff
Relevance:
This document detailed the calculations of the amounts due from the defendant.
Reference:
Ext.A4

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Ansals Riverdale Owners Association vs Mrs.Anjali Chawla regarding recovery of money
Case Code Year
Case between Ansals Riverdale Owners Association vs Mrs.Anjali Chawla regarding recovery of money

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 02/04/2023 - 12:00
Case Closed
Wed, 01/24/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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