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
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
No
Why Plaintiff Won:
The plaintiffs successfully proved the defendants' liability to pay the amounts due under the chitty agreements.
The plaintiffs successfully proved the defendants' liability to pay the amounts due under the chitty agreements.
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
Plaintiffs
M/s. Chaithanya Enterprises (Age not specified years)
Kuri Division, Kanjoor
Valsala Mukundan (62 years)
Smitha Bhavan, Kanjoor Kara, Vadakkumbhagam Village, Aluva Taluk
Tony (54 years)
Mulavarikkal House, Chowara Village, Aluva Taluk
Defendants
Basil Paul (30 years)
Malayil House, Puthumana Kara, Kombanad Village
Paulose (65 years)
Malayil House, Puthumana Kara, Kombanad Village
Eliyamma (63 years)
Malayil House, Puthumana Kara, Kombanad Village
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.
Documents & Evidence
Document Type:
Chitty Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Pertaining to the chitty No. 75 with statement.
Reference:
Ext.A1
Document Type:
Chitty Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Pertaining to the chitty No. 75 with statement No. 6.
Reference:
Ext.A2
Document Type:
Chitty Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Pertaining to the chitty No. 75 with statement No. 260.
Reference:
Ext.A3
Document Type:
Chitty Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Pertaining to the chitty No. 75 with statement No. 259.
Reference:
Ext.A4
Document Type:
Chitty Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Pertaining to the chitty No. 75 with statement No. 10.
Reference:
Ext.A5
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Original receipt showing the receipt of amount of Rs. 2,70,000 on auctioning the chitty No. 75.
Reference:
Ext.A6
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Original receipt related to chitty transaction.
Reference:
Ext.A7
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Original receipt related to chitty transaction.
Reference:
Ext.A8
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Original receipt related to chitty transaction.
Reference:
Ext.A9
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Original receipt related to chitty transaction.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice demanding the repayment of amount.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Certified copy of acknowledgment card received on service of notice.
Reference:
Ext.A12
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of lawyer notice.
Reference:
Ext.A13
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Certified copy of certificate of registration issued by register of firms.
Reference:
Ext.A14
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.S No. 450/15.
Reference:
Ext.A15
Document Type:
Form B Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of Form B notice submitted.
Reference:
Ext.A16
Document Type:
Form F Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of Form F statement of registration of establishment submitted.
Reference:
Ext.A17
Document Type:
Reconstitution Deed
Submitted By:
Defendant
Relevance:
Certified copy of reconstitution deed.
Reference:
Ext.B1