Case Summary
Mr. C.M. Varghese, the plaintiff, has sued M/s. Cosmo Fine Foods Pvt. Ltd. and its Managing Director Sri. Jaikishin Daryanani for recovery of legal expenses incurred while defending himself against criminal charges linked to the company. He claims he was assured by the defendants that they would cover these costs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay to the plaintiff an amount of ₹1,67,000 with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay him a total of ₹1,67,000 along with interest at the rate of 6% per annum.
Why Plaintiff Won:
The plaintiff successfully demonstrated that he incurred legal fees due to criminal proceedings against him related to his role as a director of the defendant company.
The plaintiff successfully demonstrated that he incurred legal fees due to criminal proceedings against him related to his role as a director of the defendant company.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated that he incurred legal fees due to criminal proceedings against him related to his role as a director of the defendant company.
The plaintiff successfully demonstrated that he incurred legal fees due to criminal proceedings against him related to his role as a director of the defendant company.
Supporting Evidence
The plaintiff had been forced to contest the criminal cases, to defend the criminal proceeding instituted as against him for having been a licensee or director of the first defendant company.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants are directed to pay to the plaintiff an amount 1,67,000/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realization from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.M. Varghese
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Cosmo Fine Foods Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jaikishin Daryanani
Plaintiffs Documents
Invoices for legal fees, legal notices sent to defendants, judgments from higher courts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Enoch David Simon Joel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Sreedev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Derick Mathai Saji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Leo Lukose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cimil C. Kottalil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rony Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sharan Shahier
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammed Febin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover a total amount of 1,67,000/- (including interest) from the defendants.
Evidence:
The plaintiff is entitled to realise the of 1,67,000/-.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff claimed interest at the rate of 6% per annum from the date of institution of the suit.
Evidence:
The rate of interest at 6 percent per annum from the date of suit, till its realization from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the proceedings.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Email with certificate
Submitted By:
Plaintiff
Relevance:
This email is referred to in relation to the certification under Section 63 of the Bharatiya Sakshya Adhiniyam, although its proof is subject to verification.
Reference:
Ext.A1
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This is a certified copy relevant to the proceedings in Crl. M.C No. 7829/2016.
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This is a certified copy relevant to the proceedings in Crl. M.C No. 7828/2016.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the judgment in WP(c) No. 21373/2010.
Reference:
Ext.A4
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
These invoices detail the professional charges for legal services provided to the plaintiff.
Reference:
Ext.A5 series
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is a correspondence from the plaintiff's counsel regarding the case.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt acknowledges payment of legal fees by the plaintiff.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the plaintiff to demand payment from the defendants.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This is the reply notice sent by the defendants concerning the lawyer's notice issued by the plaintiff.
Reference:
Ext.A9
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is another notice issued by the plaintiff in response to the defendants' reply.
Reference:
Ext.A10
Document Type:
Certified copy of complaint
Submitted By:
Court
Relevance:
This is a certified copy of the complaint in ST. 596/2009.
Reference:
Ext.A11
Document Type:
Certified copy of complaint
Submitted By:
Court
Relevance:
This is a certified copy of the complaint in ST. 595/2009.
Reference:
Ext.A12
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
This document provides the account statement related to the financial transactions during the given period.
Reference:
Ext.X1
Document Type:
Bankers Books Evidence Act Certificate
Submitted By:
Court
Relevance:
This certificate pertains to the statement of account under the Bankers' Books Evidence Act.
Reference:
Ext.X1(a)
Document Type:
Bankers Books Evidence Act Certificate
Submitted By:
Court
Relevance:
Another certificate under the Bankers' Books Evidence Act related to the same account.
Reference:
Ext.X1(b)
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 C.M. Varghese vs M/s. Cosmo Fine Foods Pvt. Ltd. et al regarding recovery of money
Case Code Year
Case between C.M. Varghese vs M/s. Cosmo Fine Foods Pvt. Ltd. et al regarding recovery of money
Case Flags
Cheque-Related Case
Imprisonment Involved
Arrest Involved
Nature of Cheque Case
Cheque issued towards legally enforceable debt