Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No.810/2019

Case between Mr. Thomas Kurien Mathew et al vs Zamra Endeavours Private Limited et al regarding Suit For Realization Of Money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2024-06-15
Duration
approximately-5 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Mr. Thomas Kurien Mathew and Mrs. Labee Thomas, the plaintiffs, filed a suit against Zamra Endeavours Private Limited and its Managing Director for the recovery of an advance payment made for an engagement event venue that was later canceled. The plaintiffs claimed that the defendants were withholding their refund despite repeated requests.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiffs, allowing them to recover the advance paid along with interest and costs. The judgment concluded that the defendants were liable for the refund amount.
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,00,000/- along with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, allowing them to recover the advance paid along with interest and costs. The judgment concluded that the defendants were liable for the refund amount.
Why Plaintiff Won:
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
Losing Side's Weaknesses:
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.
Supporting Evidence
The unrebutted oral testimonies of PW1 and PW2 established their case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,00,000/- (Rupees One Lakh) from the defendants and from their assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mr. Thomas Kurien Mathew
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Mrs. Labee Thomas
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Zamra Endeavours Private Limited
Relation
Represented by
Party Role
Defendant
Party Name
The Managing Director, Zamra Endeavours Private Limited
Plaintiffs Documents
Lawyer's notice dated 18.03.2019, Postal receipt dated 18.03.2019, Account statement of the defendants, Receipt for Rs.1,00,000/- issued by defendants to the plaintiff on 03.12.2018.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Denny Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Babu Karukapadath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sneha sukumaran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vaisakhi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shelly Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Avinash Raveendran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.V. Ravikumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.M. Faizal
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize Rs. 1,00,000 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 1,00,000 from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 1,00,000 from the date of suit till date decree.
Evidence:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 1,00,000 from the date of suit till date decree from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,00,000 from date of decree till date of realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,00,000 from date of decree till date of realization from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document was used to establish the demand for repayment of the advance amount.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document supports the proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This document is related to further correspondence seeking repayment.
Reference:
Ext.A6
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This document was presented to show financial evidence related to the case.
Reference:
Ext.A7
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
This document is a key piece of evidence confirming the advance payment made by the plaintiffs.
Reference:
Ext.A8
Document Type: Mail Communication
Submitted By: Plaintiff
Relevance:
This document was introduced to demonstrate attempts to communicate regarding the repayment.
Reference:
Ext.A9
Document Type: Mail Communication
Submitted By: Plaintiff
Relevance:
This document, alongside certification, further supports the plaintiffs' communication efforts.
Reference:
Ext.A10

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 rent
Case Code
Case between Mr. Thomas Kurien Mathew et al vs Zamra Endeavours Private Limited et al regarding Suit For Realization Of Money
Case Code Year
Case between Mr. Thomas Kurien Mathew et al vs Zamra Endeavours Private Limited et al regarding Suit For Realization Of Money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 03/18/2019 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

Similar Cases

Case between Maker Village vs M/s. V Robotics Innovations Private Limited et al regarding realization of money.
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Bajaj Electricals Limited vs Viswas Marketting Agencies regarding realization of money
THE COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Southern Phosphate & Mineral vs Mahavishnu Agro Service regarding realization of money
Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between PREFire Solutions vs Ernakulam Tourist Bungalow et al regarding realization of money
Court of Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between M/s M D George and Company vs M/s Zillion Infrastructure (P) Ltd. regarding realization of money and mandatory injunction.
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won