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O.S. No.628/2021

Case between M/s. Thoppil Chits (P) Ltd. vs S. Sunil Kumar, Maheswari.S regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-10-15
Duration
approximately-14 years 6 months

Judgement document from eCourt website

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Case Summary

The plaintiff, M/s. Thoppil Chits (P) Ltd., is seeking to recover a sum from the defendants S. Sunil Kumar and Maheswari.S due to non-payment of dues related to a chit scheme. The defendants have not responded to the demands, and the court is awarding the plaintiff the claimed amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to recover an amount of Rs.52,505 along with interest from the defendants due to their failure to repay the dues under the chit scheme.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.52,505 with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case through uncontroverted evidence.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.52,505 from the defendants and from their assets.

Parties Involved

Plaintiffs

M/s. Thoppil Chits (P) Ltd. (Age not specified years) Thoppil Towers, Kathrikadavu Road, Kochi-17, Ernakulam District

Defendants

S. Sunil Kumar (Age not specified years) Poykavila veedu, Mavinmoodu, Panamthara, Kallambalam P.O, Thiruvananthapuram-695605 Maheswari.S (Age not specified years) Poykavila veedu, Mavinmoodu, Panamthara, Kallambalam P.O, Thiruvananthapuram-695605

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize a sum of Rs.52,505 from the defendants.
Evidence:
Plaintiff is entitled to realize a sum of Rs.52,505 (Rupees fifty two thousand five hundred and five only) from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to interest at 12% per annum.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.52,505 from the date of suit till date decree from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to interest at 6% per annum from the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.52,505 from date of decree till date of realization from the defendants and from their assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Original promissory note
Submitted By: Plaintiff
Relevance:
This document is the promissory note executed by the defendants acknowledging the debt.
Reference:
Ext.A1
Document Type: Copy of Tax Receipt
Submitted By: Plaintiff
Relevance:
This document was submitted but rejected due to lack of certification for secondary evidence.
Reference:
Ext.A2
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
This document serves as evidence of communication regarding the debt to the defendants.
Reference:
Ext.A3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
These cards, signed by the defendants, are used as proof of receipt of correspondence.
Reference:
Ext.A4 series
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The oral testimony of PW1 established the plaintiff's case as pleaded.
Reference:

Quick Facts

Location
ERNAKULAM
Case Filed
Wed, 03/31/2010 - 12:00
Outcome Confidence
95%

Involved Entities

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