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Original Suit No. 51 OF 2018

Case between Sree Gokulam Chits & Finance Co. (P) Ltd. vs Junais Rahiman.K., Faizal Rahiman.K. regarding Money

Court
Munsiff Court of Tirur
Judge
Sri. Jankish Narayanan
Order Date
2019-09-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Sree Gokulam Chits & Finance Co. (P) Ltd. and defendants Junais Rahiman.K. and Faizal Rahiman.K. The plaintiff claims that the defendants owe money from a chit agreement, which they have failed to repay.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to recover ₹7,72,090 from the defendants along with interest and costs. This decision is based on the defendants' failure to repay the amounts due under the chit agreement.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of ₹7,72,090 with interest at the rate of 18% per annum and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹7,72,090 from the defendants along with interest and costs. This decision is based on the defendants' failure to repay the amounts due under the chit agreement.
Why Plaintiff Won:
Plaintiff proved their case with cogent and reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved their case with cogent and reliable evidence.
Supporting Evidence
Since D1 did not file written statement and D2 opted to remain exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of ₹7,72,090 with interest at the rate of 18% per annum from the date of suit till the realization from the defendants and their assets. Plaintiff is entitled to realise the costs of the suit from the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sree Gokulam Chits & Finance Co. (P) Ltd.
Party Role
Defendant
Party Name
Junais Rahiman.K.
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Faizal Rahiman.K.
Party Age
43
Relation
S/o
Plaintiffs Documents
Jenam Assignment Deed Doc. No.227/2010, Resolution passed by the Board of Directors dated 08.06.2016, Memorandum of the deposit of title deed dated 10.09.2011, Certified copy of agreement dated 10-9-2011, Statement of Account of Chit No.G2J/0739/KDM/07 dated 10.09.2011, Tax Receipt dated 17.06.2011
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.S.Hariharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.P.Santhoshkumar.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realise an amount of Rs. 7,72,090/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Relief Type: Cost
Outcome: Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.

Documents & Evidence

Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Mortgaged as security for the liability in respect of the chit.
Reference:
Ext.A1
Document Type: Resolution
Submitted By: Plaintiff
Relevance:
Resolution passed by the Board of Directors dated 08.06.2016.
Reference:
Ext.A2
Document Type: Memorandum of Deposit
Submitted By: Plaintiff
Relevance:
Memorandum of the deposit of title deed.
Reference:
Ext.A3
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement acknowledging the receipt of the amount for the prize chits.
Reference:
Ext.A5
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Statement of Account related to the chit.
Reference:
Ext.A6
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax Receipt dated 17.06.2011.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Sree Gokulam Chits & Finance Co. (P) Ltd. vs Junais Rahiman.K., Faizal Rahiman.K. regarding Money
Case Code Year
Case between Sree Gokulam Chits & Finance Co. (P) Ltd. vs Junais Rahiman.K., Faizal Rahiman.K. regarding Money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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