Case Summary
The plaintiff, Ashwin A.S, is seeking recovery of Rs.3,50,000 from the first defendant, Anil Kumar, who allegedly promised him a job abroad but failed to deliver. The case involves claims of fraud and the plaintiff seeks financial compensation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.3,50,000 and interest for the amount from the first defendant.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, Ashwin A.S, allowing him to recover Rs.3,50,000 from the first defendant, Anil Kumar. Interest and costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the submitted documents established the claim.
The unrebutted oral testimony of the plaintiff and the submitted documents established the claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand only) from the 1st defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashwin A.S
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sagil A.K
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saint Lucia Academy
Plaintiffs Documents
Original receipt dated 21.06.2023, Original bank receipt dated 15.09.2022, Original memorandum of understanding executed by 1st defendant dated 15.09.2022, Printout of FIR in Crime No. 303/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lia George
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saurav B.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepika P.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. Mohammed Rafeeq
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.3,50,000/- from the 1st defendant and from his assets.
Evidence:
In the result, suit is decreed as follows; 1.The plaintiff is entitled to realize an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand only) from the 1st defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.3,50,000/- from the date of suit till date decree from the 1st defendant and from his assets.
Evidence:
2.The plaintiff is entitled to realize interest @ 12% per annum for Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand only) from the date of suit till date decree from the 1st defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,50,000/- from date of decree till date of realization from the 1st defendant and from his assets.
Evidence:
3.The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand only) from date of decree till date of realization from the 1st defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the 1st defendant and from his assets.
Evidence:
4.The plaintiff is entitled to realize costs of the suit from 1st defendant and from his assets.
Documents & Evidence
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledges payment of Rs.50,000/- to the 1st defendant.
Reference:
Ext.A1
Document Type:
Original bank receipt
Submitted By:
Plaintiff
Relevance:
Shows deposit of Rs. 3,00,000/- to the 1st defendant.
Reference:
Ext.A2
Document Type:
Original memorandum of understanding
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant after receipt of Rs.3,50,000/- from the plaintiff.
Reference:
Ext.A3
Document Type:
Printout of FIR
Submitted By:
Court
Relevance:
Documents the criminal case against the 1st 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
Recovery of money
Case Code
Case between Ashwin A.S vs Anil Kumar et al regarding realization of money
Case Code Year
Case between Ashwin A.S vs Anil Kumar et al regarding realization of money