Case Summary
Plaintiff handed over Rs.9,00,000 to defendants for jewellery business profits but was not paid. Court decreed defendants to pay Rs.9,96,378 with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decreed to pay Rs.9,96,378 with interest
Case Type
Civil Suit - Money Realisation
Final Judgment
No
Court decreed defendants to pay Rs.9,96,378 with interest to the plaintiff for money not returned.
Why Plaintiff Won:
Plaintiff proved his case with unchallenged evidence.
Plaintiff proved his case with unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff proved his case with unchallenged evidence.
Plaintiff proved his case with unchallenged evidence.
Supporting Evidence
Since the defendants opted to remain exparte, the evidence adduced by the plaintiff remains unchallenged. Hence the plaintiff proved his case with cogent and reliable evidence.
Judgment Evidence:
In the result the suit is decreed as follows: I. The defendant is directed to pay an amount of Rs.9,96,378/- (Rupees nine lakh ninety six thousand three hundred and seventy eight only) with 12% of interest from the date of the suit till today and thereafter 6% of interest till the date of realization. II. The defendant is directed to pay costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subhash
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Korattikkal Sheeja
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Accomplish Marketing Company (Pvt) Ltd.
- Party Role
- Defendant
- Party Name
- Company's Directors; Gafoor
- Party Age
- 36
- Party Role
- Defendant
- Party Name
- T. Sanil
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Karar dated 15-1-2015, Passbook
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Realisation
Outcome:
Granted
Description:
Plaintiff decreed to receive Rs.9,96,378 with interest
Evidence:
In the result the suit is decreed as follows: I. The defendant is directed to pay an amount of Rs.9,96,378/- (Rupees nine lakh ninety six thousand three hundred and seventy eight only) with 12% of interest from the date of the suit till today and thereafter 6% of interest till the date of realization. II. The defendant is directed to pay costs of the suit.
Documents & Evidence
Document Type:
Karar
Submitted By:
Plaintiff
Relevance:
Investment agreement
Reference:
A1
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Evidence of subscription to the Swarnasambadya Padhathi
Reference:
A2
Case Classification
Case Type
Civil Suit - Money Realisation
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money Realization
Case Code
Case between Subhash et al vs Accomplish Marketing Company et al regarding money realisation
Case Code Year
Case between Subhash et al vs Accomplish Marketing Company et al regarding money realisation