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
Why Plaintiff Won:
The plaintiff company proved their claim with unrefuted evidence.
The plaintiff company proved their claim with unrefuted evidence.
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
Plaintiffs
Pratheeksha Kuries and Investments Pvt. Ltd. (Age not specified years)
5th Floor, Marine Drive, Ernakulam, Kochi 682 011
Defendants
Anilkumar V.G (51 years)
Vadeparambil House, Ayyampilly P.O, Kuzhupilly, Ernakulam District, Pin 682 501
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