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O.S. No. 111 of 2021

Case between Pratheesksha Kuries and Investments Pvt. Ltd. vs Aravindakshan C.G regarding realisation of money.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-27
Duration
approximately-14 years 4 months 7 days
Case Closed
Wed, 03/27/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Pratheesksha Kuries and Investments Pvt. Ltd. filed a suit against Aravindakshan C.G. for the recovery of money owed on a chit installment. The defendant defaulted on the payment despite repeated demands.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to recover Rs.3,44,342 along with interest. The defendant was found liable after failing to respond to the suit.
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.3,44,342 with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.3,44,342 along with interest. The defendant was found liable after failing to respond to the suit.
Why Plaintiff Won:
The plaintiff proved the case through evidence and exhibits, showing that the defendant defaulted on payments.
Losing Side's Weaknesses:
The plaintiff proved the case through evidence and exhibits, showing that the defendant defaulted on payments.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A11 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.3,44,342...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pratheesksha Kuries and Investments Pvt. Ltd.
Relation
represented by its Chairman Sri. Anson.K.Maliakkal
Party Role
Defendant
Party Name
Aravindakshan C.G
Party Age
63
Relation
S/o
Plaintiffs Documents
Resolution No.11, Application by the defendant to receive the chitty amount, Chitty surety agreement, Receipt, Blank cheque bearing No. 069384, Demand notice, Office copy of the lawyer notice, Account statement.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Paul Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff company is allowed to recover Rs.3,44,342 together with interest.
Evidence:
Hence plaintiff company is entitled to get a decree as prayed for.

Documents & Evidence

Document Type: Resolution
Submitted By: Plaintiff
Relevance:
True copy of the Resolution No.11.
Reference:
Ext.A1
Document Type: Application
Submitted By: Plaintiff
Relevance:
Application by the defendant to receive the chitty amount.
Reference:
Ext.A2
Document Type: Chitty Surety agreement
Submitted By: Plaintiff
Relevance:
Chitty surety agreement.
Reference:
Ext.A3
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt.
Reference:
Ext.A4
Document Type: Blank Cheque
Submitted By: Plaintiff
Relevance:
Blank cheque bearing No. 069384.
Reference:
Ext.A5
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Demand notice.
Reference:
Ext.A6
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A7
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of the lawyer notice.
Reference:
Ext.A8
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A9
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Postal Acknowledgment card.
Reference:
Ext.A10
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement.
Reference:
Ext.A11

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 Pratheesksha Kuries and Investments Pvt. Ltd. vs Aravindakshan C.G regarding realisation of money.
Case Code Year
Case between Pratheesksha Kuries and Investments Pvt. Ltd. vs Aravindakshan C.G regarding realisation of money.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 11/20/2009 - 12:00
Case Closed
Wed, 03/27/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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