Case Summary
The plaintiff, Shibu Augustine, is suing Ramesh Vishwanathan and his son Rahul Ramesh for failing to repay a deposited amount of money in a fraudulent finance scheme. The plaintiff claims that the defendants misrepresented themselves and induced him to invest in a sham entity, Upayog Nidhi Ltd.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1st defendant shall pay Rs.1,26,098/- along with interest at 12% from the date of suit until payment.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved that the first defendant engaged in deceptive practices to induce the investment, showed the dishonored cheque, and provided sufficient evidence of the fraudulent scheme.
The plaintiff proved that the first defendant engaged in deceptive practices to induce the investment, showed the dishonored cheque, and provided sufficient evidence of the fraudulent scheme.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1st defendant shall pay Rs.1,26,098/- (Rupees One lakh twenty six thousand ninety eight only) along with interest @12% from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Shibu Augustine (51 years years)
House No. 66/1289 A, Kalabhavan nagar, Ernakulam North, Pin – 682 018
Defendants
Ramesh Vishwanathan (57 years years)
DVRA 12, Bansuri, 1st Avenue, Divine Village, I M G Junction, Kakkanad, Ernakulam, Pin- 682 030
Rahul Ramesh (40 years years)
DVRA 12, Bansuri, 1st Avenue, Divine Village, I M G Junction, Kakkanad, Ernakulam, Pin- 682 030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,26,098/- along with interest.
Evidence:
1st defendant shall pay Rs.1,26,098/- (Rupees One lakh twenty six thousand ninety eight only) along with interest @12 % from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st defendant.
Documents & Evidence
Document Type:
True copy of page of Ministry of Corporate Affairs from internet
Submitted By:
Plaintiff
Relevance:
Establishes that the defendants had no connection with the company Upayog Nidhi Ltd.
Reference:
Ext.A1
Document Type:
Original of Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the 1st defendant, which was dishonoured.
Reference:
Ext.A2
Document Type:
Original of dishonour memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the 1st defendant for repayment.
Reference:
Ext.A4
Document Type:
Web page of Ministry of Corporate Affairs from internet
Submitted By:
Plaintiff
Relevance:
Provides proof regarding the fraudulent nature of Upayog Nidhi Ltd.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Shows the deposit made into the account of Upayog Nidhi Ltd.
Reference:
Ext.A6