Case Summary
The plaintiff company, Pratheeksha Kuries and Investments Pvt. Ltd., filed a suit for realisation of money against defendants Anilkumar.V.G and Preetha Anilkumar. The defendants failed to make payments for the chitty installments despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.90,443 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, allowing the plaintiff to recover the amount due along with interest.
Why Plaintiff Won:
The plaintiff was able to provide unrebutted evidence proving their claim.
The plaintiff was able to provide unrebutted evidence proving their claim.
Losing Side's Weaknesses:
The plaintiff was able to provide unrebutted evidence proving their claim.
The plaintiff was able to provide unrebutted evidence proving their claim.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A12 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs.90,443 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 defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Anilkumar.V.G
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Preetha Anilkumar
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
True copy of Resolution, Certificate of Incorporation, Application to receive the chitty amount, Application by the defendant offering as personal sureties, Chitty surety agreement, Receipt signed by the first defendant, Demand promissory note, Office copy of the demand notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T James
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Varghese.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff company is allowed to recover Rs.90,443 along with interest from the defendants.
Evidence:
The plaintiff company is allowed to recover Rs.90,443/(Rupees Ninety thousand Four hundred and Forty Three only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff company is entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
True copy of Resolution
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence presented by the plaintiff to support their claims.
Reference:
Ext.A1
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
This document establishes the legal identity of the plaintiff company.
Reference:
Ext.A2
Document Type:
Application to receive the chitty amount
Submitted By:
Plaintiff
Relevance:
This document shows the application made by the defendant regarding the chit amount.
Reference:
Ext.A3
Document Type:
Application by the defendant offering as personal sureties
Submitted By:
Plaintiff
Relevance:
This document indicates the surety relationship established by the defendants.
Reference:
Ext.A4
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms under which the defendants would secure payment.
Reference:
Ext.A5
Document Type:
Receipt signed by the first defendant
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of payment made by the first defendant.
Reference:
Ext.A6
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note outlines the defendant's promise to pay the amounts due.
Reference:
Ext.A7
Document Type:
Office copy of the demand notice
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the demand made to the defendant for payment.
Reference:
Ext.A8
Document Type:
Office copy of the demand notice
Submitted By:
Plaintiff
Relevance:
This document further supports the plaintiff's claims regarding demands for payment.
Reference:
Ext.A9
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice alerts the defendant of the legal action being taken for unpaid dues.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as proof of communication sent to the defendant.
Reference:
Ext.A11
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement provides a summary of the payments and dues related to the chitty.
Reference:
Ext.A12
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 et al regarding realisation of money
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Anilkumar.V.G et al regarding realisation of money