Case Summary
JAS Culinary Specialities Pvt. Ltd filed a suit to recover a security deposit from Xavierkutty Puthethu and Sony James. The deposit was not returned despite the plaintiff surrendering the leased property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹4,00,000 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendants to pay ₹4,00,000 with interest. The plaintiff prevailed as the evidence was uncontroverted.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The 1st defendant did not appear and adduce evidence to substantiate any of the versions stated in the written statement including that he was only a power of attorney holder.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 4,00,000/- (Rupees Four lakhs only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- JAS Culinary Specialities Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Xavierkutty Puthethu
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sony James
Plaintiffs Documents
Certified true copies of resolutions, email correspondence, and bank statements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N.Manmadhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shyam V.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreedas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Murukesh Reghu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.M.Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Staes Kinattukara
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of the security deposit.
Evidence:
The suit is decreed directing the defendants to pay an amount of 4,00,000/- (Rupees Four lakhs only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Certified true copy of Resolution passed by the Board of Directors of the plaintiff Company
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the plaintiff's signatory to file the suit.
Reference:
Ext.A1
Document Type:
Certified true copy of Resolution passed by the Board of Directors of the plaintiff Company
Submitted By:
Plaintiff
Relevance:
This document further supports the authority of the plaintiff's signatory.
Reference:
Ext.A2
Document Type:
Copy of the e-mail sent by the defendant to the plaintiff
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's claims regarding deductions from the deposit.
Reference:
Ext.A3
Document Type:
Copy of the letter sent by the plaintiff to the defendant through e-mail
Submitted By:
Plaintiff
Relevance:
This document is the plaintiff's response to the defendant's claims.
Reference:
Ext.A4
Document Type:
Statement of account issued by HDFC Bank
Submitted By:
Plaintiff
Relevance:
This document provides financial evidence related to the transaction.
Reference:
Ext.A5
Document Type:
Notarized copy of Memorandum of Association
Submitted By:
Plaintiff
Relevance:
This document confirms the plaintiff's legal status as a registered company.
Reference:
Ext.A6
Document Type:
Notarized copy of Articles of Association
Submitted By:
Plaintiff
Relevance:
This document outlines the governing rules of the plaintiff company.
Reference:
Ext.A7
Document Type:
Certificate under Section 65B of the Indian Evidence Act, 1872
Submitted By:
Plaintiff
Relevance:
This document authenticates electronic records related to the case.
Reference:
Ext.A8
Document Type:
Statement of account issued by Federal Bank
Submitted By:
Plaintiff
Relevance:
This document provides additional financial evidence related to the transaction.
Reference:
Ext.A9
Document Type:
Notarized copy of certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
This document verifies the incorporation of the plaintiff company.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between JAS Culinary Specialities Pvt. Ltd vs Xavierkutty Puthethu et al regarding Suit for money
Case Code Year
Case between JAS Culinary Specialities Pvt. Ltd vs Xavierkutty Puthethu et al regarding Suit for money