Case Summary
The case involves petitioners James K.M. and M/s. Periyar Polymers seeking the return of a fixed deposit receipt from the defendant Shaju K.P. after alleging fraud in the handling of the receipt. The petitioners claim the receipt was misappropriated by the defendant who acted as a middleman.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Return of fixed deposit receipt
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition filed by the petitioners to return the fixed deposit receipt. It found that the receipt was fraudulently produced by the defendant and should be rectified.
Why Plaintiff Won:
The court found that the fixed deposit receipt was not properly handled and should be returned to the petitioners.
The court found that the fixed deposit receipt was not properly handled and should be returned to the petitioners.
Losing Side's Weaknesses:
The court found that the fixed deposit receipt was not properly handled and should be returned to the petitioners.
The court found that the fixed deposit receipt was not properly handled and should be returned to the petitioners.
Supporting Evidence
It is clear from the records itself that, the defendant had played fraud upon this court by producing the FD issued in the name of 3rd party.
Judgment Evidence:
Therefore, I find that the petitioners are entitled to get the FD receipt returned by raising the lien noted.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- James K.M.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M/s. Periyar Polymers
- Relation
- represented by its Partner James K.M.
- Party Role
- Defendant
- Party Name
- Shaju K.P
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Stephen K.A.
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.T. Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Thomas Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Alias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.V. Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T.V. Eldho
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.S. Bastin
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to get the FD receipt returned by raising the lien noted.
Evidence:
Therefore, I find that the petitioners are entitled to get the FD receipt returned by raising the lien noted.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs of the proceedings.
Evidence:
Considering the facts and circumstances of the case, I am not inclined to allow the costs of the proceedings.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between James K.M. vs Shaju K.P regarding release of fixed deposit receipt
Case Code Year
Case between James K.M. vs Shaju K.P regarding release of fixed deposit receipt