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O.S No. 762/2018

Case between JAS Culinary Specialities Pvt. Ltd vs Xavierkutty Puthethu et al regarding Suit for money

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-31
Duration
approximately-7 years 2 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
The suit is decreed directing the defendants to pay ₹4,00,000 with interest. The plaintiff prevailed as the evidence was uncontroverted.
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
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.

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

Plaintiffs

JAS Culinary Specialities Pvt. Ltd (Age not specified years) Room no. 43/2710, Red cross road, Kozhikode – 673 001

Defendants

Xavierkutty Puthethu (55 years) Puthethu House, House no. 4, Balakrishna Menon road, Edappally, Kochi – 682 024 Sony James (Age not specified years) Puthethu house, Kothavarakara, Kothavara P.O, Thalayazham village, Vaikom Taluk, Kottayam District

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

Quick Facts

Location
Case Filed
Mon, 01/01/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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