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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

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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
Why Plaintiff Won:
The plaintiffs established their case through unrebutted testimonies and evidence presented before the court.

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

Plaintiffs

Mr. Thomas Kurien Mathew (57 years years) Mazhuvancheriparambath, Recca Valley, Kakkanad (PO), Ernakulam, Kerala 682 030 Mrs. Labee Thomas (51 years years) Mazhuvancheriparambath, Recca Valley, Kakkanad (P.O), Ernakulam, Kerala 682 030

Defendants

Zamra Endeavours Private Limited (Age not specified years) Plot No. F, GS Business Park, Near Government Medical College, HMT Colony P.O, Kalamassery­683 503 The Managing Director, Zamra Endeavours Private Limited (Age not specified years) Plot No. F, GS Business Park, Near Government Medical College, HMT Colony P.O, Kalamassery­683 503

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

Quick Facts

Location
Ernakulam
Case Filed
Mon, 03/18/2019 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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