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
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.
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.
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