The appellate court dismissed the appeal after noting that the appellant had paid the full decree amount to the first respondent, which creates a right to a refund of remitted funds.
Appeal dismissed; 1st respondent left at liberty to approach lower court for refund of Rs.1,50,148/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
FAO.No.91 OF 2019
E.A.NO.798/2018 IN E.P.NO.168/2015 IN OS.No.114/2009 DATED 05-02-2019 OF PRINCIPAL SUB COURT, PALAKKAD
APPELLANT(PETITIONER IN THE E.A):
GOPAKUMAR AGED 49 YEARS, SON OF DAMODARAN NAIR, MOORKATH HOUSE, KUTHANNUR,PALAKKAD.
BY ADVS. SRI.S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN
RESPONDENTS(RESPONDENTS IN THE E.A):
1 MANAPPURAM ASSET FINANCE LIMITED, SHORNUR, REPRESENTED BY FIELD OFFICER, PIN-679 121.
2 VIJAYABHANU, S/O DAMODARAN NAIR,KAPPANAD HOUSE,VENNIYUR.P.O,VALAKULAM, MALAPPURAM DISTRICT.PIN-676508.
3 KRISHNAKUMAR, S/O DAMODARAN NAIR,KAPPANAD HOUSE,VENNIYUR.P.O,VALAKULAM, MALAPPURAM DISTRICT,PIN-676508.
R1 BY ADV. SRI.C.K.SREEJITH R2 BY ADV. SMT.VEENA HARI R2 BY ADV. S.NIRMAL
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
When this appeal was taken up today, the learned counsel for both sides are ad idem that, in terms of Annexure-A1 compromise between the parties, the entire amount due to the 1st respondent - Financial Company has been paid off by the appellant.
Since the matter has been now settled as afore and since the 1st respondent offers to give back all the documents entrusted to them by the appellant, I leave liberty to the latter to approach the former for such purpose; in which event, necessary action
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shall be taken by the 1st respondent company without any delay. This appeal is dismissed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 LETTER DATED 18.10.2019 ISSUED BY THE 1ST RESPONDENT TO THE APPELLANT.
`
GOPAKUMAR
MANAPPURAM ASSET FINANCE LIMITED
VIJAYABHANU
KRISHNAKUMAR
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
