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Original Suit No. 167 OF 2018

Case between A.K.Subair vs Muhamed Hasnal.T.C. regarding realization of money

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-03
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

A.K.Subair filed a suit against Muhamed Hasnal.T.C. for realization of Rs. 30,000 following a car accident. The plaintiff claims that the defendant agreed to pay for damages but failed to honor the cheques issued for payment.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, allowing him to recover Rs. 30,000 with interest from the defendant. The court found the plaintiff's evidence convincing as the defendant did not appear to contest the claims.
Judgment Favored
Plaintiff
Relief Granted
Rs. 30,000/- with interest at the rate of 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: (I).The plaintiff is allowed to realise an amount of Rs. 30,000/- Rupees (Thirty Thousand only) with an interest at the rate of 12% per annum from the date of suit till realisation, from the defendant.

Parties Involved

Plaintiffs

A.K.Subair (28 years years) Angadikkarantakath House, Chembra Road, Tirur.

Defendants

Muhamed Hasnal.T.C. (33 years years) Thekkancheri House, Perasannur.P.O. PIN 679 580.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is allowed to realize the amount of Rs. 30,000/- with interest from the defendant.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is allowed to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is allowed to realise the costs of the suit from the defendant.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque dated 16-02-2018 was issued by the defendant as part of the agreement to pay for the damages.
Reference:
Ext.A1
Document Type: Dishonour memo
Submitted By: Plaintiff
Relevance:
The dishonour memo dated 20-02-2018 indicates that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The cheque dated 28-02-2018 was also issued by the defendant and part of the payment for damages.
Reference:
Ext.A3
Document Type: Dishonour memo
Submitted By: Plaintiff
Relevance:
The dishonour memo dated 28-02-2018 indicates that the second cheque was also returned unpaid.
Reference:
Ext.A4
Document Type: Petition
Submitted By: Plaintiff
Relevance:
The petition to the Tirur Police Sub Inspector dated 22-02-2018 regarding the incident was marked as evidence.
Reference:
Ext.A5
Document Type: Estimate
Submitted By: Plaintiff
Relevance:
The estimate for spare parts and labour charges issued by Chelladans Maruthi Engineers was presented to show the cost of repairs.
Reference:
Ext.A6
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The registered lawyer notice dated 07-03-2018 was sent to the defendant demanding payment of the dues.
Reference:
Ext.A7

Quick Facts

Location
Case Filed
Fri, 02/09/2018 - 12:00
Outcome Confidence
95%

Involved Entities

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