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O.S. No. 1232 /2022

Case between Careon Healthcare Solutions (P) Ltd vs Mr.Rajesh regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-06-18
Duration
approximately-1 year 8 months

Judgement document from eCourt website

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Case Summary

Careon Healthcare Solutions (P) Ltd is suing Mr.Rajesh for the recovery of a debt amounting to Rs.1,38,378/- with interest. The defendant defaulted on repayment of loans taken for pharmaceuticals and issued dishonored cheques.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs.1,38,378/- along with interest. The defendant's assets are also liable to satisfy the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,38,378/- along with interest @12% from 01.12.2022 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established the case through unchallenged evidence.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.1,38,378/-(Rupees One lakh thirty eight thousand three hundred and seventy eight only) along with interest @12% from 01.12.2022 till the date of decree.

Parties Involved

Plaintiffs

Careon Healthcare Solutions (P) Ltd (Age not specified years) Kinfra Hi-Tech Bio Technology Park, HMT colony, Kochi, Pin 683 503 Mr. John.M.M (40 years) Mashnithara House, Aroor.P.O, Cherthala Taluk, Alappuzha District, Pin – 688 534

Defendants

Mr.Rajesh (Age not specified years) 4, Ground Floor, Annapurna STG Park Nest, Near Amma Ashram, Bangalor – 560056

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.1,38,378/- from the defendant.
Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,38,378/-(Rupees One lakh thirty eight thousand three hundred and seventy eight only) along with interest @12% from 01.12.2022 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type: Interest
Outcome: Granted
Description:
Defendant is directed to pay interest at the rate of 12% per annum from 01.12.2022 till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from 01.12.2022 till the date of decree.
Relief Type: Interest
Outcome: Granted
Description:
Defendant is directed to pay interest at the rate of 6% from the date of decree till the date of payment or realization.
Evidence:
Defendant is directed to pay interest at the rate of 6% from the date of decree till the date of payment or realization.

Documents & Evidence

Document Type: Certificate of Incorporation
Submitted By: Plaintiff
Relevance:
Establishes the legal existence of the plaintiff company.
Reference:
Ext.A1
Document Type: Extract of resolution
Submitted By: Plaintiff
Relevance:
Shows authorization for the managing director to act on behalf of the company.
Reference:
Ext.A2
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Confirms the authority of the power of attorney holder.
Reference:
Ext.A3
Document Type: Tax Invoice
Submitted By: Plaintiff
Relevance:
Documents the sales made to the defendant.
Reference:
Exts.A4 to A11
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Represents payment attempt from the defendant, which was dishonored.
Reference:
Ext.A12
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Evidence of dishonor of the first cheque issued by the defendant.
Reference:
Ext.A13
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Another attempted payment from the defendant, also dishonored.
Reference:
Ext.A14
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Another cheque issued by the defendant that was dishonored.
Reference:
Ext.A15
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Evidence of dishonor of the second cheque issued by the defendant.
Reference:
Ext.A16
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Evidence of dishonor of the third cheque issued by the defendant.
Reference:
Ext.A17
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Demands payment from the defendant regarding the owed amount.
Reference:
Ext.A18
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendant.
Reference:
Ext.A19
Document Type: Certificate under Section 65 B of the Indian Evidence Act
Submitted By: Plaintiff
Relevance:
Confirms the compliance with electronic evidence guidelines.
Reference:
Ext.A20

Quick Facts

Location
Case Filed
Outcome Confidence
90%

Involved Entities

Private Individual

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