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O.S. No.715/2023

Case between M/s Heera Life Style Apartment Owners Association vs Parth.S. Shah regarding realization of money

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-03-15
Duration

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, directing the defendant to pay Rs.4,68,520 along with interest for the dues.
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
Why Plaintiff Won:
Plaintiff has established a case for recovery of dues based on the evidence presented.

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

Plaintiffs

M/s Heera Life Style Apartment Owners Association (Age not specified years) Heera Lifestyle Apartment, Refinery Road, Irumbanam, Ernakulam, Pin – 682 309

Defendants

Parth.S. Shah (32 years) 5B, Heera Life Style Apartment, Refinery Road, Irumpanam.P.O., Ernakulam – 682 309

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

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

Private Individual

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