O.S No. 945/2018

Case between P.S. Visweswaran vs M/s. Tiknar Homes (P) Ltd. regarding recovery of money

Court

COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2024-08-30

Duration

approximately-6 years 2 months

Case Closed

Fri, 08/30/2024 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiff, P.S. Visweswaran, is seeking recovery of money from M/s. Tiknar Homes (P) Ltd. and its executives due to unfulfilled payment agreements regarding a construction project. The defendants have raised issues of the suit being time-barred and not maintainable.

Judgment Outcome

Defendant Won

Interim Order

The suit was dismissed as the plaintiff failed to prove the case. The court ruled that the suit was barred by limitation and provisions of the RERA Act, denying any relief to the plaintiff.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

The suit was dismissed as the plaintiff failed to prove the case. The court ruled that the suit was barred by limitation and provisions of the RERA Act, denying any relief to the plaintiff.

Key Reasoning:
The suit was found to be barred by limitation and the plaintiff failed to establish a valid claim.

Why Defendant Won:
The suit was found to be barred by limitation and the plaintiff failed to establish a valid claim.

Supporting Evidence

The suit is time barred. The plaintiff failed to prove the existence of a liability or acknowledgement of debt within the limitation period.

Judgment Evidence:

In the result, the suit is dismissed. The defendants 1 and 2 are entitled to realise the costs of the suit from the plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: P.S. Visweswaran
Party Age: 48

Party Role: Plaintiff
Party Name: Santhi A.S.
Party Age: 39
Relation: W/o P. S. Visweswaran

Party Role: Defendant
Party Name: M/s. Tiknar Homes (P) Ltd.
Relation: represented by its Managing Director

Party Role: Defendant
Party Name: M.K. Narayanankutty
Relation: Executive Director, Tiknar Homes (P) Ltd.

Party Role: Defendant
Party Name: Kurian Joseph

Plaintiffs Documents

Copy of the Affidavit cum Indemnity Bond, Cheque dated 25.05.2016, various notices and postal receipts.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: P. I Georgekutty
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: M George Thomas
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Rejected

Description:

Plaintiff sought to recover an amount from the defendants.

Evidence:

Hence, it is evident that the suit is time barred.

Relief Type: Interest

Outcome: Not Decided

Description:

Plaintiff sought interest on the amount claimed.

Evidence:

As the plaintiff is not entitled to recover any amount from the plaintiff, there is no question of any interest to be granted to the plaintiff.

Documents & Evidence

Document Type: Affidavit cum Indemnity Bond

Submitted By: Plaintiff

Relevance:

Marked as subject to proof; claimed as evidence of agreement regarding payment and liability.

Reference:

Ext.A1

Document Type: Cheque

Submitted By: Plaintiff

Relevance:

Marked as evidence of one of the payments made by the defendants.

Reference:

Ext.A2

Document Type: Cheque

Submitted By: Plaintiff

Relevance: