Case Summary
The plaintiff Mohandas sued the defendant Mahesh Balasaheb Patil for the recovery of a monetary amount. The defendant was absent during the proceedings, leading to a default judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay the plaintiff an amount of 1,00,00,000/- with 9% interest from the date of the suit till realisation.
Case Type
Commercial Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff ₹1,00,00,000 along with 9% interest from the date of the suit till realization. The plaintiff is also entitled to realize the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on the evidence presented.
The case of the plaintiff stands proved based on the evidence presented.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the evidence presented.
The case of the plaintiff stands proved based on the evidence presented.
Supporting Evidence
From the facts sworn in the affidavit as PW1 in support of Ext. A1 to A15 the case of the plaintiff stands proved.
Judgment Evidence:
Defendant is directed to pay the plaintiff an amount of 1,00,00,000/- (Rupees One Crore only) with 9% interest from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohandas
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mahesh Balasaheb Patil
Plaintiffs Documents
Original Investment contract, Fund transfer details for payments to the defendant, Lawyer notice issued to defendant, Non starter report from DLSA, Kozhikode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sebastian.M.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Kaustubh Naminath Rote
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the plaintiff an amount of 1,00,00,000/- (Rupees One Crore only) with 9% interest from the date of the suit till realisation.
Evidence:
Defendant is directed to pay the plaintiff an amount of 1,00,00,000/- (Rupees One Crore only) with 9% interest from the date of the suit till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit.
Evidence:
Plaintiff is entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Investment contract
Submitted By:
Plaintiff
Relevance:
Original Investment contract entered into between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Fund transfer details
Submitted By:
Plaintiff
Relevance:
Copy of fund transfer details for payment of Rs. 1000/- to defendant's proprietary concern 'Elite Spacia'.
Reference:
Ext.A2
Document Type:
Fund transfer details
Submitted By:
Plaintiff
Relevance:
Copy of fund transfer details for payment of Rs.49,9000/-to defendant's proprietary concern 'Elite Spacia'.
Reference:
Ext.A3
Document Type:
Request for transferring funds
Submitted By:
Plaintiff
Relevance:
Copy of request by plaintiff to Branch Manager, Union Bank of India for transferring Rs.29,00,000/- to the defendant.
Reference:
Ext.A4
Document Type:
Email for Fund transfer details
Submitted By:
Plaintiff
Relevance:
Copy of e-mail for Fund transfer details for Rs.29,00000/-issued by Branch Manager to plaintiff.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No.000294 drawn on ICICI Bank, Kolhapur Branch issued by Defendant to the plaintiff for Rs.34,00000/-as security for the investment amount.
Reference:
Ext.A6
Document Type:
Email request for funding
Submitted By:
Plaintiff
Relevance:
e mail print out of request for additional funding of Rs.625450/-by defendant to plaintiff.
Reference:
Ext.A7
Document Type:
Email for additional funding
Submitted By:
Plaintiff
Relevance:
e mail copy of additional funding of Rs.125450/- by plaintiff to defendant.
Reference:
Ext.A8
Document Type:
Email for additional funding
Submitted By:
Plaintiff
Relevance:
e mail copy of additional funding of Rs.500000/- by plaintiff to defendant.
Reference:
Ext.A9
Document Type:
Email print out of share profit report
Submitted By:
Plaintiff
Relevance:
e mail print out of share profit report from defendant to plaintiff.
Reference:
Ext.A10
Document Type:
Fund transfer receipt
Submitted By:
Plaintiff
Relevance:
Copy of fund transfer receipt for Rs. 10,0000/- from defendant to plaintiff.
Reference:
Ext.A11
Document Type:
Fund transfer receipt
Submitted By:
Plaintiff
Relevance:
Copy of fund transfer receipt for Rs. 10,0000/- from defendant to plaintiff.
Reference:
Ext.A12
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of lawyer notice issued to defendant with postal receipt and acknowledgment.
Reference:
Ext.A13
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
Original Non starter report issued by DLSA, Kozhikode in PIM (cc) 34/24.
Reference:
Ext.A14
Document Type:
Email print out
Submitted By:
Plaintiff
Relevance:
e mail print out where by defendant agreed to pay the initial investment of Rs.40,00000/- by 10-7-2024 after receiving notice from the DLSA, Kozhikode.
Reference:
Ext.A15
Case Classification
Case Type
Commercial Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Case Code
Case between Mohandas vs Mahesh Balasaheb Patil regarding realisation of money
Case Code Year
Case between Mohandas vs Mahesh Balasaheb Patil regarding realisation of money