Case Summary
Uppiliyath Krishnankutty has filed a suit against Accomplish Marketing Company (Pvt.) Ltd for the recovery of money related to shares and deposits in a scheme. The defendant did not contest the suit and was set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 95,196 with interest at 12% per annum until realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, allowing the plaintiff to recover Rs. 95,196 from the defendant along with interest. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
The evidence presented by the plaintiff was unchallenged due to the defendant's absence.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1. The plaintiff is entitled to realise an amount of Rs. 95,196/- (Rupees Ninety Five Thousand One Hundred and Ninety Six only) from the defendant company and their assets with an interest at 12% per annum till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Uppiliyath Krishnankutty
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Accomplish Marketing Company (Pvt.) Ltd
- Party Role
- Defendant
- Party Name
- Jayachandran
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Share Certificate dated 12-1-2015, Pass Book
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Soumya Kooliparambil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs. 95,196/- from the defendant company.
Evidence:
Therefore, the plaintiff is entitled to get a decree, as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The defendant shall pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Share Certificate
Submitted By:
Plaintiff
Relevance:
This document is the share certificate issued in favor of the plaintiff for the shares purchased from the defendant company.
Reference:
Ext.A1
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
This document shows the payments made by the plaintiff towards the 'Swarnna Sambadya Scheme' conducted by the defendant company.
Reference:
Ext.A2
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
Non-payment of investment amount
Case Code
Case between Uppiliyath Krishnankutty vs Accomplish Marketing Company (Pvt.) Ltd regarding realization of money
Case Code Year
Case between Uppiliyath Krishnankutty vs Accomplish Marketing Company (Pvt.) Ltd regarding realization of money