Case Summary
The case involves M/s Heera Life Style Apartment Owners Association suing Parth.S. Shah for failing to pay his share of funds required to complete construction and provide necessary amenities at the apartment complex. The plaintiff association seeks to recover amounts due for maintenance charges and construction costs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,520 along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay Rs.4,68,520 along with interest for the dues.
Why Plaintiff Won:
Plaintiff has established a case for recovery of dues based on the evidence presented.
Plaintiff has established a case for recovery of dues based on the evidence presented.
Losing Side's Weaknesses:
Plaintiff has established a case for recovery of dues based on the evidence presented.
Plaintiff has established a case for recovery of dues based on the evidence presented.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,68,520 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520 along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Heera Life Style Apartment Owners Association
- Relation
- represented by its President N. G. Ramakrishnan
- Party Role
- Defendant
- Party Name
- Parth.S. Shah
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Photocopy of certificate of Registration No. EKM/TC/34/2018 of the Plaintiff issued in favour of plaintiff by the District Registrar, Ernakulam; Memorandum of Association and Bye Laws of the plaintiff; Office copy of lawyer notice issued to the defendant with postal receipt; Notice addressed to defendant returned unclaimed; Certified copy of statement of account in respect of apartment No. 5B owned by defendant maintained by plaintiff association along with certificate under Section 65B of Indian Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Philip.T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas.T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Achu Subha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kallyani.G. Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sapna Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Urmila.M.G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Salwa.T. Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thahseem.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.4,68,520/- along with interest as stated.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520/- along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable for the decree debt.
Evidence:
2) Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Other
Submitted By:
Plaintiff
Relevance:
These documents were marked and remained unchallenged, supporting the plaintiff's case.
Reference:
Exts.A1 to A5
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 M/s Heera Life Style Apartment Owners Association vs Parth.S. Shah regarding realization of money
Case Code Year
Case between M/s Heera Life Style Apartment Owners Association vs Parth.S. Shah regarding realization of money