Case Summary
The plaintiff, Saiju Simon, is seeking recovery of Rs.50,000/- which he paid as an advance for a job offer that was never fulfilled by the defendant, Bastin Sebastian. The defendant failed to return the amount despite numerous requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.50,000/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, directing the defendant to pay the plaintiff Rs.50,000/- along with interest and costs.
Why Plaintiff Won:
The unrebutted oral testimony established the plaintiff's claim.
The unrebutted oral testimony established the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony established the plaintiff's claim.
The unrebutted oral testimony established the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed in part as follows; 1.The plaintiff is entitled to realize an amount of Rs.50,000/- (Rupees Fifty Thousand only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saiju Simon
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bastin Sebastian
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
07.04.2022 Statement of accounts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.K Rapheeque
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B Nidhinkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vidya C.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi Priya K S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu Elizabeth
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sulthana I.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harsha A.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreelakshmi K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.50,000/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.50,000/- (Rupees Fifty Thousand only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum on Rs.50,000/- from the defendant.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.50,000/- (Rupees Fifty Thousand only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum on Rs.50,000/- from the defendant.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.50,000/- (Rupees Fifty Thousand only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from from the defendant and from his assets.
Documents & Evidence
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the plaintiff's claim for the recovery of Rs.50,000/-.
Reference:
Ext.A1
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provided evidence of the transfer of Rs.50,000/- from the plaintiff to the defendant.
Reference:
Ext.X1 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheated out of advance payment
Case Code
Case between Saiju Simon vs Bastin Sebastian regarding realization of money.
Case Code Year
Case between Saiju Simon vs Bastin Sebastian regarding realization of money.