O.S. No. 14/2019

Case between M/s. Chaithanya Enterprises et al vs Basil Paul et al regarding recovery of money.

Court

COURT OF THE MUNSIFF, PERUMBAVOOR

Judge

Smt. Alshari A.

Order Date

2025-01-20

Duration

Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiffs, M/s. Chaithanya Enterprises and its partners, filed a suit against the defendants for the recovery of money related to defaults in chitty payments. The case revolves around chitty transactions initiated by the plaintiffs and the defendants' failure to pay the agreed installments.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiffs, directing the defendants to pay Rs. 5,40,000 with interest for the defaults in chitty payments. The defendants were also held liable for all costs associated with the suit.

Judgment Favored

Plaintiff

Relief Granted

Rs. 5,40,000 along with interest at the rate of 12% from the date of suit till the date of decree.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The plaintiffs successfully proved the defendants' liability to pay the amounts due under the chitty agreements.

Losing Side's Weaknesses:
The plaintiffs successfully proved the defendants' liability to pay the amounts due under the chitty agreements.

Supporting Evidence

The evidence of PW1 read along with Ext. A1 to A10 proves the chitty transaction of the defendants with the 1st plaintiff firm and auctioning of the same by the defendants, receipt of amount as per Ext. A5 to A10 and the default in paying the same.

Judgment Evidence:

In the result, the suit is decreed with costs and the defendants are hereby directed to pay an amount of Rs. 5,40,000 along with interest at the rate of 12% from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: M/s. Chaithanya Enterprises
Relation: Represented by

Party Role: Plaintiff
Party Name: Valsala Mukundan
Party Age: 62
Relation: W/o

Party Role: Plaintiff
Party Name: Tony
Party Age: 54
Relation: S/o

Party Role: Defendant
Party Name: Basil Paul
Party Age: 30
Relation: S/o

Party Role: Defendant
Party Name: Paulose
Party Age: 65
Relation: S/o

Party Role: Defendant
Party Name: Eliyamma
Party Age: 63
Relation: W/o

Plaintiffs Documents

Chitty guarantee agreements, receipts, lawyer notices, certificate of registration.

Defendants Documents

Reconstitution deed.

Advocates

Party Role: Plaintiff
Advocate Name: Joseph Sebastian
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: A.M. John
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Anand Omanakuttam
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiffs entitled to recover Rs. 5,40,000 along with interest.

Evidence:

The defendants are hereby directed to pay an amount of Rs. 5,40,000 along with interest at the rate of 12% from the date of suit till the date of decree.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiffs entitled to recover costs of the suit from the defendants.

Evidence:

Considering the nature and circumstances of the case, the plaintiffs are entitled to realize the costs of the suit from the defendants.