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O.S. No.1400/2019

Case between Harvest caterers (P)Ltd vs Vijayan Sankar regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-29
Duration
approximately-4 years 11 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Harvest caterers (P)Ltd filed a suit against Vijayan Sankar for the recovery of Rs. 2,39,355, alleging that he misappropriated money collected from a customer. The defendant did not appear in court, leading to an ex parte decision.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover Rs. 2,39,355 from the defendant. In addition, the plaintiff was granted interest on the amount due.
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,39,355 with interest
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case through unchallenged oral testimony and documentary evidence.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 2,39,355 from the defendant and from his assets.

Parties Involved

Plaintiffs

Harvest caterers (P)Ltd (Age not specified years) Padivattom, Palarivattom P.O., Pin-682025

Defendants

Vijayan Sankar (42 years) Anjali Bhavan, AKRA 21, Kallayam P.O., Pallimukku, Thiruvananthapuram-695 043

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs. 2,39,355 from the defendant.
Evidence:
the plaintiff is entitled to realize an amount of Rs. 2,39,355 from the defendant and from his assets.
Relief Type: Damages
Outcome: Granted
Description:
Interest at 12% per annum on the amount from the date of suit till decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs. 2,39,355 from the date of suit till date.
Relief Type: Damages
Outcome: Granted
Description:
Interest at 6% per annum on the amount from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs. 2,39,355 from date of decree till date of realization.
Relief Type: Other
Outcome: Granted
Description:
Costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from the defendant.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Executed to contest the suit.
Reference:
Ext.A1
Document Type: Copy of invoice
Submitted By: Plaintiff
Relevance:
Related to the amount collected from the plaintiff’s customer.
Reference:
Ext.A2
Document Type: Copy of invoice
Submitted By: Plaintiff
Relevance:
Related to the amount collected from the plaintiff’s customer.
Reference:
Ext.A3
Document Type: Original of agreement for settlement
Submitted By: Plaintiff
Relevance:
Agreement admitting receipt of the amount and agreeing to repay.
Reference:
Ext.A4
Document Type: Original promissory note
Submitted By: Plaintiff
Relevance:
Document for the amount payable to the plaintiff.
Reference:
Ext.A5
Document Type: Copy of demand Lawyer's notice
Submitted By: Plaintiff
Relevance:
Notices sent to the defendant for payment.
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Proof of receipt of the notices by the defendant.
Reference:
Ext.A7

Quick Facts

Location
Ernakulam
Case Filed
Mon, 07/29/2019 - 12:00
Outcome Confidence
85%

Involved Entities

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