Case Summary
The plaintiff, Athul. M. G, is a businessman who invested Rs. 5,00,000 in a fruit business promoted by the defendants, Bhasheer, Ashraf, and Shinto. After the defendants failed to induct him as a partner and return the invested amount, the plaintiff filed a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 5,27,330 with 10% interest
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, awarding him Rs. 5,27,330 with 10% interest against the defendants. The counterclaim by the defendants was dismissed.
Why Plaintiff Won:
The plaintiff successfully established the case based on adequate evidence of transactions and breaches by the defendants.
The plaintiff successfully established the case based on adequate evidence of transactions and breaches by the defendants.
Losing Side's Weaknesses:
The plaintiff successfully established the case based on adequate evidence of transactions and breaches by the defendants.
The plaintiff successfully established the case based on adequate evidence of transactions and breaches by the defendants.
Supporting Evidence
The plaintiff has successfully established his case and is entitled to realize the plaint amount with interests from all the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and the counter claim is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Athul. M. G
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhasheer
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashraf
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shinto. C. M.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Statement of Account from HDFC Bank, Lawyer Notice to defendants
Defendants Documents
Statement of Account from State Bank of India
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. P. Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Lalmohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. C. Nisha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Raseena. V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.5,27,330/- from the defendants.
Evidence:
The suit is decreed with costs as follows:- The plaintiff is entitled to realize an amount of Rs.5,27,330/- from the defendants with interest at 10% per annum from the date of suit till date of realization.
Relief Type:
Eviction
Outcome:
Refused
Description:
The counter claim by the defendants for repayment is denied.
Evidence:
The counter claim is dismissed with costs.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the money transferred by the plaintiff to the defendants' accounts.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice calls upon the defendants to repay the balance money with interest.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
This document is referenced by the third defendant to support his claim regarding the buffalo business.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Recovery of money
Case Code
Case between Athul. M. G vs Bhasheer et al regarding realization of money
Case Code Year
Case between Athul. M. G vs Bhasheer et al regarding realization of money