Case Summary
The plaintiff, Pratheeksha Kuries and Investments Pvt Ltd., is seeking to recover money related to a chit transaction from the defendants Joy P.P and Paul M.V. The defendants allegedly defaulted on payments due under the chit agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay Rs. 2,06,632 with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay an amount of Rs. 2,06,632 with interest. The suit was found maintainable and not barred by limitation.
Why Plaintiff Won:
Losing Side's Weaknesses:
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 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
- Party Role
- Defendant
- Party Name
- Paul M.V
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified true copy of the resolution no. 14, Chitty surety Agreement executed by the defendants, Receipt signed by the defendants, Copy of the lawyer notice issued to the defendants, Original of the returned cover of the notice issued to the 1st defendant.
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:
The plaintiff is entitled to recover an amount of Rs. 2,06,632/- from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of 2,06,632/- (Rupees Two Lakhs Six Thousand Six Hundred and Thirty Two only), with 9% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Certified true copy of the resolution
Submitted By:
Plaintiff
Relevance:
This document supports the authority of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
This agreement evidences the defendants' obligation regarding the chitty transaction.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of the transaction involving the defendants.
Reference:
Ext.A3
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice documents the demand sent to the defendants for payment.
Reference:
Ext.A4
Document Type:
Original of the returned cover of the notice
Submitted By:
Plaintiff
Relevance:
This cover provides evidence that the lawyer notice was unclaimed by the defendants.
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 realization of money due from the defendant to the Plaintiff in chit transaction.
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt Ltd. vs Joy P.P et al regarding realization of money due from the defendant to the Plaintiff in chit transaction.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt