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O.S. No. 1056/2023

Case between Lulu International Shopping Malls, Pvt. Ltd vs Ajmil Lailabeevi Kamaludeen et al regarding realization of money.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-12-04
Duration
approximately-1 year 8 months 0 days
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Lulu International Shopping Malls, Pvt. Ltd filed a suit against Ajmil Lailabeevi Kamaludeen and Anila Shoukath for realization of money due to an unpaid membership fee. The defendants availed benefits without making the necessary payment, which the plaintiff claims amounts to fraud.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the claimed amount along with interest. The court found the defendants liable for the debt.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the claimed amount along with interest. The court found the defendants liable for the debt.
Why Plaintiff Won:
The plaintiff established a case showing that the defendants benefitted from the membership without payment.
Losing Side's Weaknesses:
The plaintiff established a case showing that the defendants benefitted from the membership without payment.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,01,800/-.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Lulu International Shopping Malls, Pvt. Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Ajmil Lailabeevi Kamaludeen
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
Anila Shoukath
Party Age
41
Relation
W/o
Plaintiffs Documents
Board resolution dated 07.09.2024, Original Application submitted by the 1st defendant for purchasing membership of Lulu signature Club (Royale) dated 04.03.2023, Copy of Aadhaar card of the 1st defendant, Copy of the receipt of payment of Rs.1,01,800/- dated 04.03.2023 by the 1st defendant, Copy of the invoice of supply showing the details of gift cards issued to the 1st defendant by the plaintiff.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Latheesh Sebastian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Binithad James
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
E P Sanaldev
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K Mohammed Rafeeq
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.1,01,800/- along with interest.
Evidence:
Defendants shall pay Rs.1,01,800/- along with interest @12% per annum from the date of suit till the date of decree.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to additional interest after the decree.
Evidence:
Defendants shall pay interest at the rate of 6% from the date of decree till the date of payment.

Documents & Evidence

Document Type: Board Resolution
Submitted By: Plaintiff
Relevance:
Shows authority of representative to conduct the case.
Reference:
Ext.A1
Document Type: Customer Enrollment Form
Submitted By: Plaintiff
Relevance:
Application for membership of Lulu Signature Club.
Reference:
Ext.A2
Document Type: Aadhaar Card
Submitted By: Plaintiff
Relevance:
Identifies the 1st defendant.
Reference:
Ext.A3
Document Type: Receipt of Payment
Submitted By: Plaintiff
Relevance:
Proof of payment made for the membership.
Reference:
Ext.A4
Document Type: Invoice/Bill of Supply
Submitted By: Plaintiff
Relevance:
Details the gift cards issued to the 1st defendant.
Reference:
Ext.A5
Document Type: Certificate under section 65B of Evidence Act
Submitted By: Plaintiff
Relevance:
Authenticates the computer-generated record.
Reference:
Ext.A5(a)
Document Type: Email Correspondence
Submitted By: Plaintiff
Relevance:
Communication sent to the 1st defendant regarding payment.
Reference:
Ext.A6
Document Type: Certificate under section 65B of Evidence Act
Submitted By: Plaintiff
Relevance:
Authenticates the computer-generated record.
Reference:
Ext.A6(a)
Document Type: Registered Notice
Submitted By: Plaintiff
Relevance:
Notice issued to defendants regarding the payment demand.
Reference:
Ext.A7
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
Proof of sending the demand notice.
Reference:
Exts.A8 and A8(a)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Proof of receipt of the demand notice by the defendants.
Reference:
Exts.A9 and A9(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Lulu International Shopping Malls, Pvt. Ltd vs Ajmil Lailabeevi Kamaludeen et al regarding realization of money.
Case Code Year
Case between Lulu International Shopping Malls, Pvt. Ltd vs Ajmil Lailabeevi Kamaludeen et al regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 03/04/2023 - 12:00
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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