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2025 Supreme(Online)(Ker) 58560

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
VENUGOPALAN KODOTH – Appellant
Versus
PENINSULAR CAPITAL MARKET LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.O.RAMACHANDRAN NAMBIAR
For the Respondents: SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU

Table of Content
1. the plaintiff's claims and the alleged agreement for shares. (Para 1 , 2 , 3)
2. arguments surrounding contract liability and evidence. (Para 5 , 6 , 7 , 8 , 9)
3. court's findings on evidence and liability. (Para 10 , 11 , 12)

J U D G M E N T

The plaintiff concurrently non-suited in a suit for recovery of money by the Sub Court, Kasaragod in O.S No.28/2003, as confirmed by the District Court, Kasaragod in A.S No.41/2006.

2. The brief facts necessary for the disposal of the appeal are as follows:-

Plaintiff had subscribed to certain shares with the 1st defendant-company. The 3rd defendant is the Director of the 1st defendant-company and has got a major share in the firm under the name and style of Global Securities. Defendants 4 to 6 are the partners of the said firm. The plaintiff had requested the firm M/s.Global Securities to redeem the shares and withdraw the amounts covered under the shares. On receipt of the amount, the plaintiff decided to re-invest the amount with an assurance from defendants 4 to 6 that, the plaintiff will be offered 10% share in the firm M/s.Global Securities. Believing the words of defendants 4 to 6, from April 2000 to June 2000 an amount

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