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O.S No. 148/2023

Case between S.Venkateswar Viswanath vs Ramesh Vishwanathan et al regarding recovery of money.

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-05-20
Duration
approximately-3 years 8 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, S.Venkateswar Viswanath, is involved in a suit against Ramesh Vishwanathan and his son Rahul Ramesh regarding the recovery of a fixed deposit amount with claimed interest. The plaintiff alleges that the defendants defrauded him under the pretense of managing a legitimate finance institution.

Judgment Outcome

Plaintiff Won
Interim Order
The court partially decreed the suit in favor of the plaintiff, ruling that the first defendant is liable to repay the principal amount along with interest, while finding insufficient evidence regarding the second defendant's involvement.
Judgment Favored
Plaintiff
Relief Granted
1,65,000/- with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the first defendant liable due to his direct engagement with the plaintiff in accepting the fixed deposit.

Judgment Evidence:

In the result, the suit is decreed in part as follows, 1) The 1st defendant do pay to the plaintiff the sum of 1,65,000/- with interest thereon at the rate of 6% per annum from the date of the suit till the date of realization of the said sum.

Parties Involved

Plaintiffs

S.Venkateswar Viswanath (26 years years) 39/4696, Sree Nivas, Ramaswamy Colony, Near Manorama Junction, Panampilly Nagar, Panampilly nagar S.O, Ernakulam, Pin – 682 036

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: Partly Granted
Description:
The plaintiff sought the return of the principal amount along with interest.
Evidence:
The 1st defendant is found liable to repay the amount deposited by the plaintiff with interest as promised.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff sought costs of the suit.
Evidence:
Hence, the issue as to costs is answered in favour of the plaintiff.

Documents & Evidence

Document Type: Printout copy of the webpage of Ministry of Corporate Affairs showing the details of 'Upayog Nidhi Limited' company
Submitted By: Plaintiff
Relevance:
Marked subject of production of certificate under Section 65B of the Indian Evidence Act, since it was a printout.
Reference:
Ext.A1
Document Type: Certified copy of the fixed deposit receipt
Submitted By: Plaintiff
Relevance:
Produced and marked as evidence of the amount deposited by the plaintiff.
Reference:
Ext.A2

Quick Facts

Location
Case Filed
Mon, 09/06/2021 - 12:00
Outcome Confidence
90%

Involved Entities

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