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O.S. No. 258 /2019

Case between Sebastian Lixon vs Jayachandran.D regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-08-09
Duration
approximately-8 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sebastian Lixon filed a suit against Jayachandran.D for the recovery of money amounting to Rs.5,70,000/- due to a failed promise of employment at Kochi Metro Rail Corporation. The defendant allegedly received substantial payments from the plaintiff under false pretenses, failing to provide the promised job.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.6,70,000/- along with interest due to the failure to provide employment as promised.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.6,70,000/- along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.6,70,000/- along with interest due to the failure to provide employment as promised.
Why Plaintiff Won:
The plaintiff established a case against the defendant, who failed to provide any evidence to counter the claims.
Losing Side's Weaknesses:
The plaintiff established a case against the defendant, who failed to provide any evidence to counter the claims.
Supporting Evidence
Though defendant in his pleadings would contend that the claim of plaintiff is illegal, nothing is brought forth to substantiate the same. It is needless to say that no amount of pleadings will replace evidence.

Judgment Evidence:

In the result, suit is decreed as follows:- 1) Defendant shall pay Rs.6,70,000/ (Rupees Six lakhs seventy thousand only) along with interest @9% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sebastian Lixon
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Jayachandran.D
Party Age
41
Relation
S/o
Plaintiffs Documents
Pay-in-slip issued by Canara Bank, lawyer notice dated 28.02.2018, various invoices from Hotel Gajapria, cheque return memo issued from Federal bank, FIR in Crime No.1465 of 2017
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.A.Salim
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.G.Harikumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Pravi Padma.P.P
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,70,000/- with interest from defendant.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,70,000/- with interest from defendant.
Relief Type: Interest
Outcome: Granted
Description:
Defendant shall pay interest at the rate of 9% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization.
Evidence:
Defendant is directed to pay interest at the rate of 9% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Pay-in Slip
Submitted By: Plaintiff
Relevance:
Original of the pay in slip issued by Canara Bank, Palarivattom branch for payment of amount by plaintiff to the account of defendant.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of demand lawyer notice dated 28.02.2018.
Reference:
Ext.A2
Document Type: Postal Memo
Submitted By: Plaintiff
Relevance:
Postal memo issued for sending the lawyer notice.
Reference:
Ext.A3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Original of the acknowledgment card signed by the defendant.
Reference:
Ext.A4
Document Type: Invoice
Submitted By: Plaintiff
Relevance:
Invoices bearing Nos.346, 347, 85 dated 19.04.2016, 05.04.2016 issued by the Hotel Gajapria, Thiruchirappalli in the name of the defendant.
Reference:
Exts.A5, A6, A7
Document Type: Blank Cheque
Submitted By: Plaintiff
Relevance:
Cheque bearing No.255050 with A/c No.5653101000569 unfilled signed by the defendant.
Reference:
Ext.A8
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque bearing No.255047 dated 31.10.2016 for Rs.4,00,000/- issued by the defendant to plaintiff.
Reference:
Ext.A9
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Cheque return memo issued by Federal bank, Ernakulam to plaintiff for dishonour of cheque No.255047.
Reference:
Ext.A10
Document Type: FIR Copy
Submitted By: Plaintiff
Relevance:
Copy of the FIR in Crime No.1465 of 2017 of Ernakulam Town North police station.
Reference:
Ext.A12
Document Type: Affidavit Copy
Submitted By: Plaintiff
Relevance:
Copy of the affidavit submitted by the plaintiff in connection with donating his kidney.
Reference:
Ext.A13
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Copy of the statement of account maintained by the plaintiff in Federal bank for the period from 01.01.2016 to 30.11.2016.
Reference:
Ext.A14
Document Type: Bank statement
Submitted By: Plaintiff
Relevance:
Copy of the account statement from the period 23.12.2015 to 17.12.2016 maintained by the defendant at Canara Bank.
Reference:
Ext.A16
Document Type: KYC Form
Submitted By: Plaintiff
Relevance:
Account opening KYC form for the account maintained by the defendant at Federal Bank, Ernakulam.
Reference:
Ext.A17
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
Account statement from the period 23.12.2015 to 17.12.2016 maintained by the defendant at Federal Bank.
Reference:
Ext.A18

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Fraud
Case Code
Case between Sebastian Lixon vs Jayachandran.D regarding realization of money
Case Code Year
Case between Sebastian Lixon vs Jayachandran.D regarding realization of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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