Case Summary
Major M G C Nair is the plaintiff who has filed a petition for temporary injunction against Akhil Murali and others for not repaying a loan. The petitioner contends that the defendants borrowed money from him and failed to repay it, while the defendants deny the allegations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction was dismissed by the court as the plaintiff failed to establish a prima facie case. The court found that there was no evidence showing personal transactions between the parties as alleged.
Key Reasoning:
The petitioner failed to establish a prima facie case for the requested injunction.
The petitioner failed to establish a prima facie case for the requested injunction.
Why Defendant Won:
The petitioner failed to establish a prima facie case for the requested injunction.
The petitioner failed to establish a prima facie case for the requested injunction.
Supporting Evidence
The court is satisfied that the petitioner has failed to establish a case prima facie in his favour, as the amount claimed was shown to have been deposited with the society and not personally to the respondents.
Judgment Evidence:
In the result, 1. The above petition is dismissed. 2. Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Major M G C Nair
- Party Age
- 88
- Relation
- S/o late N Govindan Nair
- Party Role
- Defendant
- Party Name
- Akhil Murali
- Party Age
- 34
- Relation
- S/o Muraleedharan P R
- Party Role
- Defendant
- Party Name
- Muraleedharan P R
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Rajeswari
- Party Age
- 53
- Relation
- W/o Muraleedharan P R
Plaintiffs Documents
Lawyer notice dated 10.06.2025, Various Member Contribution Certificates.
Defendants Documents
Copy of registration certificate of Agri-Tourism Multi State Co-operative Society Ltd., Member Contribution Application forms signed by the plaintiff.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Praveen Chandy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saneej E S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lekha S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petition for temporary injunction to attach property before judgment.
Evidence:
The above petition is dismissed.
Documents & Evidence
Document Type:
Member Contribution Certificate
Submitted By:
Plaintiff
Relevance:
Certificates issued as proof of member contributions to the Agri-Tourism Multi State Co-operative Society Ltd.
Reference:
Exts.A1 to A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to demand repayment of the amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the service of lawyer notice.
Reference:
Ext.A6
Document Type:
Registration Certificate
Submitted By:
Defendant
Relevance:
Shows the existence of the Agri-Tourism Multi State Co-operative Society Ltd.
Reference:
Ext.B1
Document Type:
Share Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff indicating membership in the society.
Reference:
Ext.B2
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 2 lakhs.
Reference:
Ext.B3
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 4 lakhs.
Reference:
Ext.B4
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 1 lakh.
Reference:
Ext.B5
Document Type:
Member Contribution Application Form
Submitted By:
Defendant
Relevance:
Signed by the plaintiff for a contribution of Rs. 25,000.
Reference:
Ext.B6
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the plaintiff for Rs. 4 lakh to the society.
Reference:
Ext.B7
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the plaintiff for Rs. 3 lakh to the society.
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of Loan
Case Code
Case between Major M G C Nair vs Akhil Murali et al regarding temporary injunction
Case Code Year
Case between Major M G C Nair vs Akhil Murali et al regarding temporary injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt