Case Summary
Sharlimon M.K, the plaintiff, seeks a temporary prohibitory injunction against Santhosh, the defendant, who is allegedly threatening to misuse blank signed cheques and stamp papers. The plaintiff claims a significant amount is due, while the defendant denies the allegations and states he has been threatened.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the respondent from interfering with the peaceful living or conduct of business by the petitioner.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that there was a prima facie case and potential for irreparable injury, justifying the injunction.
The court found that there was a prima facie case and potential for irreparable injury, justifying the injunction.
Judgment Evidence:
In the result, the petition is partly allowed as follows :- An order of temporary injunction is passed by restraining the respondent, his men and agents from interfering with the peaceful living or conduct of business by the petitioner or from doing any act (in an illegal or unlawful manner) in such a way putting the petitioner or his family members in fear.
Parties Involved
Plaintiffs
Sharlimon M.K (55 years years)
66/3558, Sastha Temple Road, Ernakulam North, Pin - 682 018
Defendants
Santhosh (50 years years)
10-C, Swapnil Appartments, Kaloor - Kadavanthara Road, Kaloor P.O., Ernakulam, Kochi – 17
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
Temporary prohibitory injunction restraining the respondent from interfering with the peaceful living or conduct of business by the petitioner.
Evidence:
In view of the discussions made above, the point IV is to be answered by granting a relief in a molded manner.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The court noted the blank signed cheques received by the defendant as security for repayment.
Reference:
Document Type:
Stamp Paper
Submitted By:
Plaintiff
Relevance:
The court acknowledged the blank signed stamp papers received by the defendant as security for repayment.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court heard both sides and considered their statements.
Reference: