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O.S. No.1282/2020

Case between Abhilash Joseph vs Murali P. Menon regarding realization of money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-21
Duration
approximately-4 years 0 days
Case Closed
Sat, 12/21/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Abhilash Joseph filed a suit against Murali P. Menon for the realization of money owed for a rental agreement involving a vehicle. The defendant defaulted on payments, leading the plaintiff to seek legal remedy.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, entitling him to recover Rs.1,07,800/- along with interest from the defendant. The plaintiff's claims were substantiated through evidence presented during the hearing.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.1,07,800/- and interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, entitling him to recover Rs.1,07,800/- along with interest from the defendant. The plaintiff's claims were substantiated through evidence presented during the hearing.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to support his claim and the defendant failed to counter this evidence.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to support his claim and the defendant failed to counter this evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,07,800/- (Rupees One lakh seven thousand eight hundred only) from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abhilash Joseph
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Murali P. Menon
Party Age
57
Relation
S/o.
Plaintiffs Documents
Original cheque No. 050735 dated 19.12.2017, Original pay in slip dated 19.12.2017, Original cheque return memo dated 23.12.2017, Original cheque No. 069102 dated 19.04.2017, Original cheque return memo dated 24.04.2017, Original cheque No. 974867 dated 10.03.2017, Original cheque return memo dated 10.03.2017, Original cheque No. 654149 dated 20.12.2016, Original cheque return memo dated 29.12.2016
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Joseph Shylan T.M.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arsha K.J.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.1,07,800/- from the defendant.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.1,07,800/- (Rupees One lakh seven thousand eight hundred only) from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to interest at 12% per annum on the awarded amount from the date of suit till date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,07,800/- (Rupees One lakh seven thousand eight hundred only) from the date of suit till date decree from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to interest at 6% per annum on the awarded amount from the date of decree till realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,07,800/- (Rupees One lakh seven thousand eight hundred only) from date of decree till date of realization from the defendant and from his assets.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
This cheque was issued by the defendant and was presented as evidence of the debt owed.
Reference:
Ext.A1
Document Type: Pay in Slip
Submitted By: Plaintiff
Relevance:
This document supports the transaction related to the cheque issued.
Reference:
Ext.A2
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This memo indicates that the cheque was dishonored due to insufficient funds.
Reference:
Ext.A3
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
Another cheque issued by the defendant included as evidence in the case.
Reference:
Ext.A4
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This document confirms another instance of cheque dishonor.
Reference:
Ext.A5
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
A cheque that was issued by the defendant but was also part of the dishonored cheques.
Reference:
Ext.A6
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Indicates the dishonor of the cheque mentioned in Ext.A6.
Reference:
Ext.A7
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
Another cheque relevant to the amount owed by the defendant.
Reference:
Ext.A8
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Confirms that this cheque was also dishonored.
Reference:
Ext.A9
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The plaintiff's oral testimony supported the claims made in the plaint.
Reference:

Case Classification

Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Abhilash Joseph vs Murali P. Menon regarding realization of money.
Case Code Year
Case between Abhilash Joseph vs Murali P. Menon regarding realization of money.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 12/01/2020 - 12:00
Case Closed
Sat, 12/21/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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