Case Summary
Plaintiff Ayishabi, a coolie worker, subscribed to a gold scheme of the defendant company but was not repaid after remitting Rs. 45,000. The court decreed in favor of the plaintiff for payment of the amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money realization with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs. 45,000 with 6% interest per annum till realization.
Why Plaintiff Won:
The plaintiff proved the case with cogent and reliable evidence as the defendant remained ex parte.
The plaintiff proved the case with cogent and reliable evidence as the defendant remained ex parte.
Losing Side's Weaknesses:
The plaintiff proved the case with cogent and reliable evidence as the defendant remained ex parte.
The plaintiff proved the case with cogent and reliable evidence as the defendant remained ex parte.
Supporting Evidence
According to PW1 the plaintiff was a subscriber of the scheme conducted by defendant company. Upto 10-7-2016 he has remitted an amount of Rs. 45,000/- with monthly installments of Rs. 5,000/ - from 10-11-2015 but in violation of the terms specified there in no collection agent has in come up for collecting the amount from the plaintiff and it is learned that the defendant firm was kept closed. Ext.A1 is the pass book produced by PW1. It shows that from 10-11-2015 to 10-7-2016 an amount of Rs. 45,000/- paid by the plaintiff to the defendant company. According to PW1 the said amount was not repaid by the defendant inspite of the repeated demands from the part of the plaintiff. Since the defendant opted to remain exparte, nothing is there to unruffle the evidence adduced by the plaintiff. Hence the plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
In the result the suit is decreed as follows: I. Defendant is hereby directed to pay the plaintiff an amount of Rs. 45,000/- (Rupees forty five thousand only) with an interest at 6% per annum till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayishabi
- Party Age
- 38
- Relation
- W/o Ummer
- Party Role
- Plaintiff
- Party Name
- Deepa
- Party Age
- 38
- Relation
- W/o Shaji
- Party Role
- Defendant
- Party Name
- Thunchath Jewellers
- Party Age
- 36
- Relation
- Managing Director Jayachandran, S/o Vasu
Plaintiffs Documents
Pass Book marked as Ext.A1
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
The defendant must pay the plaintiff Rs. 45,000 with 6% interest per annum.
Evidence:
In the result the suit is decreed as follows: I. Defendant is hereby directed to pay the plaintiff an amount of Rs. 45,000/- (Rupees forty five thousand only) with an interest at 6% per annum till the date of realization.
Documents & Evidence
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Evidencing the amount remitted by the plaintiff to the defendant company.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money realization dispute
Case Code
Case between Ayishabi vs Thunchath Jewellers regarding realization of money
Case Code Year
Case between Ayishabi vs Thunchath Jewellers regarding realization of money