Case Summary
The plaintiff, Pratheeksha Kuries and Investments Pvt. Ltd., is seeking payment from the defendants Renjith T and Deepa Renjith for defaulting on a chitty subscription. The defendants participated in the chitty scheme but failed to pay the required amounts despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,04,796 with interest at the rate of 6% per annum from the date of institution of the suit, till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay a total of ₹1,04,796 along with interest. The defendants' claims were not substantiated, leading to the acceptance of the plaintiff's case.
Why Plaintiff Won:
The plaintiff's evidence was not countered, and the defendants failed to appear in court, leading the court to accept the plaintiff's claims.
The plaintiff's evidence was not countered, and the defendants failed to appear in court, leading the court to accept the plaintiff's claims.
Losing Side's Weaknesses:
The plaintiff's evidence was not countered, and the defendants failed to appear in court, leading the court to accept the plaintiff's claims.
The plaintiff's evidence was not countered, and the defendants failed to appear in court, leading the court to accept the plaintiff's claims.
Supporting Evidence
The evidence tendered by the PW1 is not countered by any sort of cross-examination. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of ₹1,04,796 with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Renjith T
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepa Renjith
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Resolution No. 49, Application to receive the Chitty Amount, Chitty Surety Agreement, Receipt, Demand Notice of Defendant No.1, Demand Notice of Defendant No. 2, Postal Receipts (2 Nos), True Copy of Lawyer Notice, Reply Notice, Computer Print Out of Account Statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kurian Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akhil Alexios Kanakattu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover amount due from defendants.
Evidence:
The defendants are directed to pay to the plaintiff, an amount of 1,04,796/- (Rupees one lakh four thousand seven hundred ninety six only) with interest at the rate of 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution authorizing legal action.
Reference:
Ext.A1
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application to receive the Chitty Amount.
Reference:
Ext.A2
Document Type:
Chitty Surety agreement
Submitted By:
Plaintiff
Relevance:
Agreement securing the chitty amount.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the transaction related to the chitty.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding repayment from Defendant No.1.
Reference:
Ext.A5
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding repayment from Defendant No.2.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for postal communication regarding demands.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of postal communication.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of postal communication.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer's notice sent to the defendants.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of postal communication.
Reference:
Ext.A11
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of postal communication.
Reference:
Ext.A12
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's acknowledgment of defendant's response.
Reference:
Ext.A13
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Computer printout detailing the account status.
Reference:
Ext.A14
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 Renjith T et al regarding money recovery
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Renjith T et al regarding money recovery