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O.S. No. 54 of 2023

Case between Miss Dr. Anu Chandran vs ESR Masters Finserve et al regarding monetary recovery

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-01-31
Duration
Case Closed
Wed, 01/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Miss Dr. Anu Chandran, a doctor, is suing ESR Masters Finserve and others for the return of Rs. 4,48,000 that she invested based on the defendants' promises. The court found the defendants liable for the amount due to fraudulent inducement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to recover Rs. 4,48,000 along with interest from the defendants due to non-repayment of the investment made by the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover Rs. 4,48,000 together with interest at the rate of 9% per annum for the principal amount.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs. 4,48,000 along with interest from the defendants due to non-repayment of the investment made by the plaintiff.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence that supports her claims against the defendants, confirming their liability to return the invested amount.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence that supports her claims against the defendants, confirming their liability to return the invested amount.
Supporting Evidence
From the unrebutted evidence of PW1 and from Ext.A1 to A5 documents the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff is allowed to recover Rs. 4,48,000 together with interest...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Miss Dr. Anu Chandran
Party Age
37
Relation
D/o
Party Role
Defendant
Party Name
ESR Masters Finserve
Relation
represented by
Party Role
Defendant
Party Name
Ebin Varghese
Relation
S/o
Party Role
Defendant
Party Name
Sreeranjini Allath
Relation
W/o
Plaintiffs Documents
True copy of demand promissory note, Statement of account, Office copy of the lawyer notice, Postal receipt.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rafheeque C.K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nidhinkumar K.B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vidya C.V
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vishnupriya K.B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Indhu Murali
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anagh Babu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sultana I
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shekha Siyad
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ebin Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is allowed to recover Rs. 4,48,000/- from the defendants.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff is allowed to recover Rs. 4,48,000/- (Rupees Four lakh Forty Eight thousand only) together with interest at the rate of 9% per annum...
Relief Type: Cost
Outcome: Granted
Description:
Plaintiff is entitled to get the costs of the suit from the defendants.
Evidence:
B) The plaintiff is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Executed by the 2nd defendant for an amount of Rs.1,00,000/-.
Reference:
Ext.A1
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Provided details of financial transactions relevant to the case.
Reference:
Ext.A2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The notice demanding the return of the investment.
Reference:
Ext.A3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A4
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
Evidence of the lawyer notice being returned.
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
Recovery of money
Case Code
Case between Miss Dr. Anu Chandran vs ESR Masters Finserve et al regarding monetary recovery
Case Code Year
Case between Miss Dr. Anu Chandran vs ESR Masters Finserve et al regarding monetary recovery

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/30/2024 - 12:00
Case Closed
Wed, 01/31/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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