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Commercial Suit. No. 20/2025

Case between M/s. Medimall Kunnamangalam LLP et al vs Dr. Sujith A.K regarding recovery of possession and realization of amount

Court
Commercial Court
Judge
Smt. Leena Rasheed
Order Date
2025-06-23
Duration
approximately-2 years 1 month
Case Closed
Mon, 06/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, M/s. Medimall Kunnamangalam LLP, is seeking recovery of possession and a sum of money from the defendant, Dr. Sujith A.K, for breach of a license agreement. The defendant failed to pay the agreed license fee and provide necessary financial statements.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, decreeing that the defendant must surrender possession of the licensed area and pay a specified amount to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Direction to surrender possession and payment of ₹25,06,500/-
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing that the defendant must surrender possession of the licensed area and pay a specified amount to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved that the defendant failed to pay the license fee as per the agreement.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendant failed to pay the license fee as per the agreement.
Supporting Evidence
Having gone through the documents marked and proof affidavit filed by the plaintiff, I am satisfied that the plaintiff has successfully proved that the defendant had failed to pay the license fee as stated in the plaint and in the event of violation of license agreement the plaintiff is entitled for the reliefs claimed in the plaint.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The defendant is directed to surrender the vacant possession of the plaint ‘B’ schedule space within two months. 2. The defendant is directed to pay an amount of 25,06,500/- (Rupees twenty five lakh six thousand and five hundred only) to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Medimall Kunnamangalam LLP
Relation
Represented by
Party Role
Plaintiff
Party Name
Dr. Favas Rahim P.K
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Dr. Sujith A.K
Party Age
40
Relation
S/o
Plaintiffs Documents
Certificate of Incorporation, Registered Lease agreement between the plaintiff and landlord, Simple License agreement between the plaintiff and defendant, Lawyer notice to Defendant, Postal Receipt, Unclaimed Registered Notice, Photograph with Bill, OP sheet issued by the defendant’s Clinic.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Nihal Kottalath
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Farsan Latheef
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant is directed to surrender the vacant possession of the plaint 'B' schedule space.
Evidence:
The defendant is directed to surrender the vacant possession of the plaint ‘B’ schedule space within two months.
Relief Type: Recovery
Outcome: Granted
Description:
Defendant is directed to pay an amount of 25,06,500/- to the plaintiff.
Evidence:
The defendant is directed to pay an amount of 25,06,500/- (Rupees twenty five lakh six thousand and five hundred only) to the plaintiff.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff will be entitled for interest at the rate of 9% per annum from the date of the suit till realization.
Evidence:
The plaintiff will be entitled for interest at the rate of 9% per annum from the date of the suit (18-03-2025) till the date of decree and thereafter at the rate of 6% per annum till realization of the decree.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff will be entitled for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.

Documents & Evidence

Document Type: Certificate of Incorporation
Submitted By: Plaintiff
Relevance:
Proves the incorporation of the plaintiff entity.
Reference:
Ext.A1
Document Type: Registered Lease agreement
Submitted By: Plaintiff
Relevance:
Confirms the lease agreement between the plaintiff and the landlord.
Reference:
Ext.A2
Document Type: Simple License agreement
Submitted By: Plaintiff
Relevance:
Details the agreement between the plaintiff and defendant regarding the clinic.
Reference:
Ext.A3
Document Type: Lawyer notice to Defendant
Submitted By: Plaintiff
Relevance:
Informs the defendant about the breach of the agreement.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Documented proof of communication sent to the defendant.
Reference:
Ext.A5
Document Type: Unclaimed Registered Notice
Submitted By: Plaintiff
Relevance:
Indicates attempts to notify the defendant.
Reference:
Ext.A6
Document Type: Photograph with Bill
Submitted By: Plaintiff
Relevance:
Supportive evidence related to the clinic operations.
Reference:
Ext.A7 series
Document Type: OP sheet issued by the defendant’s Clinic
Submitted By: Plaintiff
Relevance:
Documentation from the defendant's clinic for validation.
Reference:
Ext.A8

Case Classification

Case Type
Commercial Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Breach of Contract
Case Code
Case between M/s. Medimall Kunnamangalam LLP et al vs Dr. Sujith A.K regarding recovery of possession and realization of amount
Case Code Year
Case between M/s. Medimall Kunnamangalam LLP et al vs Dr. Sujith A.K regarding recovery of possession and realization of amount

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Fri, 04/28/2023 - 12:00
Case Closed
Mon, 06/23/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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