Case Summary
G Hariharan, a senior citizen and advocate, filed a suit against M/s Thathwamasi Chits Pvt. Ltd. and others for recovery of money that was defrauded from him. The defendants failed to appear, resulting in an ex parte judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.65,000 along with interest @12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay Rs.65,000 with interest. The defendants failed to appear for the hearing, which led to an ex parte decision.
Why Plaintiff Won:
The plaintiff established a case with evidence of a payment slip and the defendants' default.
The plaintiff established a case with evidence of a payment slip and the defendants' default.
Losing Side's Weaknesses:
The plaintiff established a case with evidence of a payment slip and the defendants' default.
The plaintiff established a case with evidence of a payment slip and the defendants' default.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.65,000/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.65,000/- (Rupees Sixty five thousand only) alongwith interest @12% per annum from the date of suit till the date of decree and thereafter with 6% interest from the date of decree till payment or realization, as the case may be to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- G Hariharan
- Party Age
- 71
- Relation
- S/o Ganapathi
- Party Role
- Defendant
- Party Name
- M/s Thathwamasi Chits Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- T A Kishore
- Relation
- S/o Athmajan
- Party Role
- Defendant
- Party Name
- Anitha
- Relation
- W/o Suresh
Plaintiffs Documents
True copy of payment slip no: 158 dated 15.01.2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaniba T T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipindas M V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amaldev D
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhila P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.65,000/- along with interest from the defendants.
Evidence:
Defendants shall pay Rs.65,000/- (Rupees Sixty five thousand only) alongwith interest @12% per annum from the date of suit till the date of decree and thereafter with 6% interest from the date of decree till payment or realization, as the case may be to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are personally liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Payment Slip
Submitted By:
Plaintiff
Relevance:
This document shows the payment slip issued by the second defendant promising to make payment of Rs.65,000/- in connection with FRC 15A-19.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Fraud committed by chit fund
Case Code
Case between G Hariharan vs M/s Thathwamasi Chits Pvt. Ltd. et al regarding realization of money
Case Code Year
Case between G Hariharan vs M/s Thathwamasi Chits Pvt. Ltd. et al regarding realization of money