Case Summary
The plaintiffs, M/s. Chaithanya Enterprises and its partners, are suing the defendants for recovery of money related to chitty transactions. The defendants defaulted on payments for the installments of the chitty.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,16,000 along with interest at the rate of 12% from the date of suit till the date of decree and future interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
The defendants failed to provide evidence to establish their claims and were found to be liable for payment based on the agreements.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of Rs. 2,16,000/- 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
Shibu P. Paul (39 years)
Parackal House, Vengoor Kara, Vengoor Village
Paulose (73 years)
Parackal House, Vengoor Kara, Vengoor Village
Mary Paulose (69 years)
Parackal House, Vengoor Kara, Vengoor Village
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover an amount of Rs. 2,16,000/- along with interest.
Evidence:
The defendants are hereby directed to pay an amount of Rs. 2,16,000/- 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.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to realize the 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 Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of chitty agreement of Chitty No. 75 with statement No. 28.
Reference:
Ext.A1
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of chitty agreement of Chitty No. 75 with Statement No. 29.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card.
Reference:
Ext.A6
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of registration certificate issued by registrar of firms.
Reference:
Ext.A7
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.S.No.454/2015.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of Form B notice issued as per Rule 4 of the Punjab Shops and Commercial establishment Rules, 1958.
Reference:
Ext.A9
Document Type:
Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of Form F statement of registration of establishment issued as per Rule 13 of the Punjab shops and commercial Establishment Rule, Act 1958.
Reference:
Ext.A10
Document Type:
Ledger
Submitted By:
Plaintiff
Relevance:
Ledger of chitty account book of chitty No.75/2011.
Reference:
Ext.A11