Case Summary
This case involves Jimmichan Mathew, the plaintiff, who entered into a partnership and later sought to retire, claiming unpaid amounts from the defendant Geetha Santhosh Kumar. The plaintiff alleges that the defendant failed to repay the agreed amount following his retirement from the partnership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.9,28,500 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
The defendant admitted liability to pay the remaining amount, and her claims of non-liability were not substantiated.
Judgment Evidence:
In the result, issue No.2 is found in favour of plaintiff. Therefore, the suit is decreed as follows: Plaintiff is entitled to realize Rs.9,28,500 (Rupees Nine lakhs twenty eight thousand five hundred only) with interest @ 12% per annum on the principal amount of Rs.9,00,000 (Rupees Nine lakhs only) from the date of suit till decree and thereafter @ 6% per annum till realization.
Parties Involved
Plaintiffs
Jimmichan Mathew (47 years)
Mathoor House, Vettukad.P.O, Asha Deepam via, Trichur – 14
Defendants
Geetha Santhosh Kumar (41 years)
Souparnika, Door No. XXIII/1892 D, Cherukulam Road, Ernakulam District, Palluruthy – 682 006
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 9,00,000/- along with interest from the defendant.
Evidence:
Therefore from the above discussion, perusing pleadings and evidence on record this court is satisfied that the plaintiff is entitled to recover Rs.9,00,000/- with interest from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the proceedings from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the proceedings from defendant.
Documents & Evidence
Document Type:
Agreement for retirement from partnership business
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms under which the plaintiff agreed to retire from the partnership and the defendant's obligation to pay the plaintiff.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
The receipt acknowledges the payment of Rs. 5 lakhs made by the defendant to the plaintiff as part of the agreement.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding the payment of the outstanding amount as per the agreement.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This reply was sent by the defendant in response to the lawyer notice, discussing the payment and agreement status.
Reference:
Ext.A4