Case Summary
M/s Muthoot Securities Limited filed a suit against Mr. Mathew Samuel for the recovery of a debt amounting to Rs. 9,49,053 arising from trading activities. The plaintiff claims that the defendant failed to clear the debit balance in his account despite multiple notices.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Defendant is entitled to realize the costs of the proceedings from plaintiff.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
The suit was barred by limitation as the plaintiff failed to provide evidence of acknowledgment of the debt by the defendant after the limitation period.
Judgment Evidence:
In the result, Suit dismissed. Defendant is entitled to realize the costs of the proceedings from plaintiff.
Parties Involved
Plaintiffs
M/s Muthoot Securities Limited (Age not specified years)
1st Floor, Alpha Plaza, K P Vallon Road, Kadavanthara, Ernakulam, Kochi- 682020
Defendants
Mr. Mathew Samuel (61 years years)
Mangalathu Mannil, Poovanpara, Konni P.O, Pathanamthitta-689691
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Suit for realization of the amounts due towards plaintiff
Evidence:
Accordingly, I find that the above suit is barred by limitation.
Relief Type:
Cost of proceedings
Outcome:
Granted
Description:
Defendant is entitled to realize the cost of the proceedings from plaintiff
Evidence:
Considering the facts and circumstances of the case as defendant is entitled to realize the cost of the proceedings from plaintiff.
Documents & Evidence
Document Type:
Notarized copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the plaintiff in favour of Mr. Vidhukumar B
Reference:
Ext.A1
Document Type:
Certified copy of ledger details
Submitted By:
Plaintiff
Relevance:
For the period from 1.4.2009 to 31.3.2010
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant
Reference:
Ext.A3