Case Summary
The plaintiff, Karthika Residency, is suing the defendant, Sebastian Thomas, for recovery of money owed for a hotel stay and parking charges. The defendant checked into the hotel but failed to pay for his occupancy and the parking of his vehicle.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay ₹78,000 with interest at the rate of 6% per annum from the date of institution of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay ₹78,000 with interest for the amount owed for the hotel stay and parking charges. The plaintiff was granted the liberty to recover the amount if not paid.
Why Plaintiff Won:
The plaintiff provided evidence that the defendant had occupied a room and parked his vehicle at their premises but failed to pay the occupancy charges.
The plaintiff provided evidence that the defendant had occupied a room and parked his vehicle at their premises but failed to pay the occupancy charges.
Losing Side's Weaknesses:
The plaintiff provided evidence that the defendant had occupied a room and parked his vehicle at their premises but failed to pay the occupancy charges.
The plaintiff provided evidence that the defendant had occupied a room and parked his vehicle at their premises but failed to pay the occupancy charges.
Supporting Evidence
Even though there is no documentary evidence to support the case of the plaintiff, the PW1 in his evidence has reiterated the contentions in the plaint.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant shall pay an amount of ₹78,000 to the plaintiff with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets. 2. If the defendant does not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karthika Residency
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sebastian Thomas
Plaintiffs Documents
Licence issued by Kochi Corporation, Office copy of the Lawyer Notice, Returned Postal Envelope, Authorisation letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sadchith P Kurup
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Siva Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff claimed recovery of ₹78,000 from the defendant.
Evidence:
In such circumstances, the plaintiff is entitled to an order in his favour for realisation of amount from the defendant.
Documents & Evidence
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
A licence issued by Kochi Corporation relevant to the plaintiff's business operations.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
An office copy of the lawyer notice issued to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
A returned postal envelope indicating the defendant was uncontactable.
Reference:
Ext.A4
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
An authorisation letter relevant to the representation of the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Karthika Residency et al vs Sebastian Thomas regarding realisation of money
Case Code Year
Case between Karthika Residency et al vs Sebastian Thomas regarding realisation of money