Case Summary
The plaintiff, Pratheeksha Kuries and Investments Pvt. Ltd., is seeking to recover money from the defendant, Anilkumar V.G., for unpaid chitty installments. The defendant failed to make the required payments despite multiple demands from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff company is allowed to recover Rs.90,652 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The plaintiff successfully proved their claims through unrefuted evidence.
Why Plaintiff Won:
The plaintiff company proved their claim with unrefuted evidence.
The plaintiff company proved their claim with unrefuted evidence.
Losing Side's Weaknesses:
The plaintiff company proved their claim with unrefuted evidence.
The plaintiff company proved their claim with unrefuted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A11 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff company is allowed to recover Rs.90,652 (Rupees Ninety thousand Six hundred and Fifty Two only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by its Chairman Sri. Anson.K.Maliakkal
- Party Role
- Defendant
- Party Name
- Anilkumar V.G
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
True copy of the Resolution No.10, Certified copy of certificate of incorporation, Application by the defendant to receive the Chitty amount, Chitty surety agreement, Receipt signed by the defendant, Blank cheque bearing No. 131285, Office copy of the demand notice, Postal receipt, Office copy of the lawyer notice, Account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.P Sethu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of outstanding chitty installments from the defendant.
Evidence:
The plaintiff company is allowed to recover Rs.90,652/(Rupees Ninety thousand Six hundred and Fifty Two only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought the costs of the suit from the defendant.
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement between the plaintiff and defendant regarding the chitty installments.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt signed by the defendant acknowledging the chitty transaction.
Reference:
Ext.A5
Document Type:
Blank Cheque
Submitted By:
Plaintiff
Relevance:
Cheque provided by the defendant as security for future installments.
Reference:
Ext.A6
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding payment for missed installments.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Formal notice sent by the plaintiff's lawyer requesting payment from the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
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 Anilkumar V.G regarding realisation of money
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Anilkumar V.G regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt