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O.S No. 566/2023

Case between Mary Treesa A.A et al vs Antony T.A regarding recovery of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-05-30
Duration
approximately-3 years 9 months 18 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mary Treesa A.A and Jomon C.J filed a suit against Antony T.A for the recovery of ₹ 4,56,683/- that they lent to him for share trading. They claim he failed to repay the money as promised, while the defendant argues that it was an investment, not a loan.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit on the grounds that the transaction was not a loan but an investment, which carries risks of loss. The plaintiffs were found to have failed to prove their claims.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit on the grounds that the transaction was not a loan but an investment, which carries risks of loss. The plaintiffs were found to have failed to prove their claims.
Key Reasoning:
The court found the transaction to be an investment rather than a loan, which exempts the defendant from liability.
Why Defendant Won:
The court found the transaction to be an investment rather than a loan, which exempts the defendant from liability.
Supporting Evidence
The transaction was clearly one where the principle of caveat emptor applies and it was established that the nature of loss suffered by the plaintiff was due to market fluctuations, not any default by the defendant.

Judgment Evidence:

In the result, the suit is dismissed. Parties shall bear their respective costs owing to the peculiar fact situation of this case.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mary Treesa A.A
Party Age
33
Relation
W/o
Party Role
Plaintiff
Party Name
Jomon C.J
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
Antony T.A
Party Age
60
Relation
S/o
Plaintiffs Documents
Agreement dated 01.09.21, Bank statements from South Indian Bank.
Defendants Documents
WhatsApp messages showing UPI payments made to Anitha.

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara Varghese Annie
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arya A.R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ajay Krishnan S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
B.R.Muraleedharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.V,Suresh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Neethu Nalinakshan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Refused
Description:
The plaintiffs claimed recovery of Rs. 4,56,683/- from the defendant.
Evidence:
Since Ext.A1 deed provides that the amount given by the plaintiff to the defendant was for the purpose of reaping benefits in the form of profits from share trading, which is a speculative business, the plaintiff is expected to face its losses too.
Relief Type: Interest
Outcome: Not Decided
Description:
The question of interest entitlement was raised by the plaintiffs.
Evidence:
In light of the finding in Issue No.1, the question of interest does not arise.
Relief Type: Costs
Outcome: Not Decided
Description:
Both parties requested their respective costs.
Evidence:
Parties shall bear their respective costs owing to the peculiar fact situation of this case.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement executed between the plaintiff and defendant acknowledging receipt of funds and outlining repayment terms.
Reference:
Ext.A1
Document Type: Bank statement
Submitted By: Plaintiff
Relevance:
Bank statements were intended to prove transfer of funds to the defendant but were not admitted in evidence due to lack of certification.
Reference:
Ext.A2 to A4
Document Type: WhatsApp Certification
Submitted By: Defendant
Relevance:
Documents showing UPI payments made to Anitha by the defendant on behalf of the plaintiffs.
Reference:
Ext.B1 to B7
Document Type: Bank statement
Submitted By: Court
Relevance:
Account statement of the defendant's bank account produced to show transaction details.
Reference:
Ext.X1

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Mary Treesa A.A et al vs Antony T.A regarding recovery of money
Case Code Year
Case between Mary Treesa A.A et al vs Antony T.A regarding recovery of money

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 09/01/2021 - 12:00
Case Closed
From
Thu, 05/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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