Case Summary
The case involves X Ship Design & Analytics Pvt. Ltd. suing former employee Shyam Krishnan and his new employer, M/s. MariApp Marine Solutions Pvt Ltd, for damages. The defendants counter-claim for unpaid salary and gratuity.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The plaintiff is directed to pay to the first defendant, an amount of ₹1,01,125/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court rejected the plaint due to non-payment of balance court fee and decreed the counter claim in favor of the first defendant, Shyam Krishnan, directing the plaintiff to pay a specified sum with interest. The defendants are also entitled to costs.
Key Reasoning:
The first defendant proved that the plaintiff owes salary arrears and the evidence favored his claims.
The first defendant proved that the plaintiff owes salary arrears and the evidence favored his claims.
Why Defendant Won:
The first defendant proved that the plaintiff owes salary arrears and the evidence favored his claims.
The first defendant proved that the plaintiff owes salary arrears and the evidence favored his claims.
Supporting Evidence
I am of the opinion that the preponderance of probabilities favour the first defendant... the plaintiff has not produced any evidence from its side to establish a case...
Judgment Evidence:
In the result, the plaint stands rejected on 7.04.2025 for non payment of balance court fee. The counter claim is decreed...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- X Ship Design & Analytics Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Sandith Thandasherry
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyam Krishnan
- Party Role
- Defendant
- Party Name
- M/s. MariApp Marine Solutions Pvt Ltd
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Exhibit B1 to B3: Various documents including final settlement statements and letters.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Sathisan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S. Amal Dharsan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is directed to pay an amount to the first defendant.
Evidence:
In the result, the plaint stands rejected on 7.04.2025 for non payment of balance court fee. The counter claim is decreed as follows: (a) The plaintiff is directed to pay to the first defendant, an amount of ₹1,01,125/- (Rupees one lakh one thousand one hundred and twenty five only) with interest at the rate of 6% per annum (simple interest) from 01.07.2023, till its realisation from the plaintiff or from assets of plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are entitled to the costs of the suit and counterclaim from the plaintiff.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the defendants are entitled to the costs of the suit and counterclaim from the plaintiff.
Documents & Evidence
Document Type:
Final Settlement Statement
Submitted By:
Defendant
Relevance:
The final settlement statement issued by the plaintiff was used as evidence regarding the payment dispute.
Reference:
Ext.B1
Document Type:
Letter from Navagathi
Submitted By:
Defendant
Relevance:
This letter was submitted as evidence related to the counter claim presented by the first defendant.
Reference:
Ext.B2
Document Type:
Letter from X-ship
Submitted By:
Defendant
Relevance:
This document supported the claims made by the first defendant in the counter claim.
Reference:
Ext.B3
Document Type:
Order by Deputy Labour Commissioner
Submitted By:
Court
Relevance:
The order directed the plaintiff to pay a certain amount to the first defendant and was referenced during proceedings.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between X Ship Design & Analytics Pvt. Ltd. vs Shyam Krishnan et al regarding damages and counter claim for salary arrears
Case Code Year
Case between X Ship Design & Analytics Pvt. Ltd. vs Shyam Krishnan et al regarding damages and counter claim for salary arrears