Case Summary
The plaintiff, Agro Bio Tech Research Centre Ltd, is seeking to recover Rs. 56,555 from the defendant, Joby George, due to a dishonored cheque. The defendant failed to make payment despite receiving materials and assurances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay to the plaintiff the sum of Rs. 56,555 along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the amount claimed along with interest.
Why Plaintiff Won:
The plaint averments, affidavit, and documents established the plaintiff's case.
The plaint averments, affidavit, and documents established the plaintiff's case.
Losing Side's Weaknesses:
The plaint averments, affidavit, and documents established the plaintiff's case.
The plaint averments, affidavit, and documents established the plaintiff's case.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendant shall pay to the plaintiff the sum of Rs.56,555 along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Agro Bio Tech Research Centre Ltd
- Relation
- represented by its Power of Attorney Holder
- Party Role
- Plaintiff
- Party Name
- Joseph Abraham
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joby George
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Power of Attorney, Original Cheque bearing No. 061689 for an amount of Rs. 41,700, Memorandum of Cheque unpaid from Canara Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajan A Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 56,555/- from the defendant.
Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs. 56,555/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of Joseph Abraham to represent the plaintiff in court.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to the plaintiff for the payment of goods purchased and was presented for collection.
Reference:
Ext.A2
Document Type:
Memorandum of Cheque unpaid
Submitted By:
Plaintiff
Relevance:
This document shows the dishonor of the cheque issued by the defendant due to insufficient funds.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Agro Bio Tech Research Centre Ltd vs Joby George regarding realization of money.
Case Code Year
Case between Agro Bio Tech Research Centre Ltd vs Joby George regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act