Case Summary
The case involves Pratheeksha Kuries and Investments Pvt. Ltd., a private limited company, seeking payment from Anila Prakash for outstanding amounts related to a chit fund scheme. Anila Prakash defaulted on her payment obligations for the chit fund and has not responded to requests for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,56,253 with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendant to pay a total of ₹1,56,253 with interest. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff's case was proven through uncontested evidence.
The plaintiff's case was proven through uncontested evidence.
Losing Side's Weaknesses:
The plaintiff's case was proven through uncontested evidence.
The plaintiff's case was proven through uncontested evidence.
Supporting Evidence
From the uncontested evidence tendered by PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹1,56,253 with interest at the rate of 6% per annum from the date of institution of the suit, till its realization from the defendant or his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by its Manager Smt. Girija Kumari A.T.
- Party Role
- Defendant
- Party Name
- Anila Prakash
- Party Age
- 56
Plaintiffs Documents
Certified copy of resolution No: 16, Application by the defendant to receive the chitty amount, Receipt Signed by the defendant, The promissory note
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Santhosh K.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay to the plaintiff an amount of ₹1,56,253 with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 1,56,253/ (Rupees One Lakh Fifty Six Thousand Two Hundred and Fifty Three only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified copy of resolution
Submitted By:
Plaintiff
Relevance:
This document was referenced to support the plaintiff's claims in the suit.
Reference:
Ext.A1
Document Type:
Application by the defendant to receive the chitty amount
Submitted By:
Plaintiff
Relevance:
This document was used to show the defendant's acknowledgment of the chitty amount.
Reference:
Ext.A2
Document Type:
Receipt Signed by the defendant
Submitted By:
Plaintiff
Relevance:
This document substantiates the payments made by the defendant under the chit scheme.
Reference:
Ext.A3
Document Type:
The promissory note
Submitted By:
Plaintiff
Relevance:
This document indicates the defendant's promise to pay the amounts due under the chit.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Anila Prakash regarding realisation of money
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Anila Prakash regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt