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
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
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.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted evidence.
The plaintiff established their case through uncontroverted evidence.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted evidence.
The plaintiff established their case through uncontroverted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits established the plaintiff's claim.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Thoppil Chits (P) Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- S. Sunil Kumar
- Party Role
- Defendant
- Party Name
- Maheswari.S
- Relation
- W/o
Plaintiffs Documents
Original promissory note dated 06.03.2019, Copy of lawyer's notice, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.S.M. Kabeer
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s. Thoppil Chits (P) Ltd. vs S. Sunil Kumar, Maheswari.S regarding realization of money
Case Code Year
Case between M/s. Thoppil Chits (P) Ltd. vs S. Sunil Kumar, Maheswari.S regarding realization of money