Case Summary
Plaintiff Shaji filed a suit against Thunchath Jewellers and others seeking realization of money borrowed with gold security and alleging breach of agreement terms by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of money with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendants to pay the outstanding amounts with interest and costs.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence, proving the due amounts and breach of agreement terms by the defendants.
The plaintiff provided cogent and reliable evidence, proving the due amounts and breach of agreement terms by the defendants.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence, proving the due amounts and breach of agreement terms by the defendants.
The plaintiff provided cogent and reliable evidence, proving the due amounts and breach of agreement terms by the defendants.
Supporting Evidence
So, the plaintiff has proved his case by adducing cogent and reliable evidence. As stated in the plaint the money equivalent to 99.700 grams of gold ie., Rs.2,74,175/- and Rs. 60,000/- is due to the plaintiff. Admittedly the plaintiff is liable to pay an amount of Rs.1,87,000/- (Rupees One lakh and eighty seven thousand only). Hence the plaintiff is entitled to realize the remaining amount from the defendant.
Judgment Evidence:
Suit for realization of money.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaji
- Party Age
- 38
- Relation
- S/o. Govindan
- Party Role
- Defendant
- Party Name
- Thunchath Jewellers
- Relation
- Represented by Managing Director; Jayachandran
- Party Role
- Defendant
- Party Name
- Jayachandran
- Party Age
- 36
- Relation
- S/o. Vasu
- Party Role
- Defendant
- Party Name
- M. Rajan
- Party Age
- 44
- Relation
- S/o. Narayanan Nair
Plaintiffs Documents
Karar, Pass Book of Thunchath Jewellers, Copy of Lawyer Notice dated 16-12-2016, Undelivered cover with acknowledgment Card
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Realization of money with interest
Outcome:
Granted
Description:
To pay an amount of Rs.87,175/- with interest and Rs.60,000/- with interest to the plaintiff
Evidence:
The suit is decreed as follows - 1. The defendant is directed to pay an amount of Rs.87,175/- with an interest at the rate of 6% per annum from the date of suit till the date of realization. 2. The defendant is directed to pay an amount of Rs.60,000/- with an interest at the rate of 6% per annum from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Karar
Submitted By:
Plaintiff
Relevance:
To show the terms of the agreement
Reference:
A1
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
For evidence of remitted amounts and schemes
Reference:
A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
To show communication attempts
Reference:
A3
Document Type:
Undelivered cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Unsuccessful communication evidence
Reference:
A4
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
Breach of Agreement Terms
Case Code
Case between Shaji vs Thunchath Jewellers et al regarding money realization
Case Code Year
Case between Shaji vs Thunchath Jewellers et al regarding money realization