Case Summary
The plaintiff, a coolie worker, subscribed to a gold scheme by the defendant company but was not refunded the remitted amount of Rs.45,000 after the company faced financial difficulties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Realization with Interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff directing the defendant to pay Rs.45,000 with 6% interest per annum from the suit date till realization, along with costs of the suit.
Why Plaintiff Won:
The plaintiff proved their case through cogent and reliable evidence.
The plaintiff proved their case through cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved their case through cogent and reliable evidence.
The plaintiff proved their case through cogent and reliable evidence.
Supporting Evidence
According to PW1 the plaintiff was a subscriber of the scheme conducted by the defendant company. Up to 10-7-2016, he has remitted an amount of Rs.45,000/- with monthly installments of Rs. 5,000/- from 10-11-2015. Since the defendant opted to remain exparte, nothing is there to unruffle the evidence adduced by the plaintiff. Hence the plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: Defendant is hereby directed to pay the plaintiff an amount of Rs.45,000/- (Rupees forty-five thousand only) with an interest at 6% per annum from the date of the suit till the date of realization. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarojini
- Party Age
- 65
- Relation
- Wife of Aramughan
- Party Role
- Defendant
- Party Name
- Thunchath Jewellers
- Relation
- Managing Director
Plaintiffs Documents
Ext.A1: Pass Book
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
To pay plaintiff Rs.45,000 with 6% interest per annum
Evidence:
The suit is decreed as follows: Defendant is hereby directed to pay the plaintiff an amount of Rs.45,000/- (Rupees forty-five thousand only) with an interest at 6% per annum from the date of the suit till the date of realization.
Documents & Evidence
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Evidencing the amount remitted by the plaintiff.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Sarojini vs Thunchath Jewellers regarding money realization
Case Code Year
Case between Sarojini vs Thunchath Jewellers regarding money realization