Case Summary
Pratheeksha Kuries and Investments Pvt. Ltd. filed a suit against Joy P.P and Paul M.V for recovery of dues under a chit scheme. The defendants defaulted on payments despite executing necessary documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay ₹2,06,632 with 9% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay a total of ₹2,06,632 with interest. A decree is granted for recovery from the defendants' assets if not paid.
Why Plaintiff Won:
The unchallenged proof affidavit and documents demonstrated the defendants' liability.
The unchallenged proof affidavit and documents demonstrated the defendants' liability.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents demonstrated the defendants' liability.
The unchallenged proof affidavit and documents demonstrated the defendants' liability.
Supporting Evidence
The unchallenged proof affidavit as well as documents would satisfactorily answer these issues in favour of the plaintiff especially considering the fact that there is no evidence to substantiate the pleadings of the defendant.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹2,06,632/- (Rupees Two Lakhs Six thousand and Six Hundred and Thirty Two only) with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by its Manager Girija Kumari
- Party Role
- Defendant
- Party Name
- Joy P.P
- Party Age
- 56
- Relation
- S/o Paulose
- Party Role
- Defendant
- Party Name
- Paul M.V
- Party Age
- 55
- Relation
- S/o Varghese
Plaintiffs Documents
Resolution no. 10 of the Board of Directors of the Plaintiff society, Chitty Surety Agreement, Promissory note, Lawyer notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.V.Sanosh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Sugunan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.A.Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree directing the defendants to pay an amount of ₹2,06,632/- with interest.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹2,06,632/- (Rupees Two Lakhs Six thousand and Six Hundred and Thirty Two only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to recover litigation costs.
Evidence:
The plaintiff is also entitled for the costs of the litigation.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Board resolution of the Plaintiff society related to the case.
Reference:
Ext.A1
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
Surety agreement executed by the defendants to guarantee payments.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note issued by the defendants in favor of the plaintiff.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice issued by the plaintiff to the defendants for payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the service of the lawyer's notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Joy P.P et al regarding recovery of money under a chit transaction
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Joy P.P et al regarding recovery of money under a chit transaction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour