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O.S.No.770/2018

Case between A.L. Chokkalingam vs Gineesh.T.K. regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Maneesha K Bhadran
Order Date
2024-01-09
Duration
approximately-5 years 271 days
Case Code No.
770
Case Closed
Tue, 01/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

A.L. Chokkalingam, a lottery vendor, filed a suit against Gineesh.T.K. for the realization of a loan amounting to Rs.2,60,000. The defendant failed to repay the borrowed amount despite signing a promissory note and issuing a cheque that was dishonored.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, entitling him to recover Rs.2,60,000 with interest from the defendant. The defendant is also liable for the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,60,000 along with interest @12% per annum from 21.07.2018 till the date of decree and @6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling him to recover Rs.2,60,000 with interest from the defendant. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence of the loan agreement and dishonored cheque.
Losing Side's Weaknesses:
The plaintiff established a case with unchallenged evidence of the loan agreement and dishonored cheque.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,60,000 with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,60,000 (Rupees Two lakhs sixty thousand only) along with interest @12% per annum from 21.07.2018 till the date of decree...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.L. Chokkalingam
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
Gineesh.T.K.
Party Age
29
Relation
S/o
Plaintiffs Documents
Promissory note executed by the defendant, Cheque for Rs.2,50,000, Dishonour memo issued by the drawing bank, Office copy of the lawyer notice issued to the defendant, Returned registered cover with notice.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajagopalan.A.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
M.N. Manmadan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Muhammed Sooraj.P.I.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Murukesh Reghu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs. 2,60,000 along with interest.
Evidence:
Defendant shall pay Rs.2,60,000/- along with interest @12% per annum from 21.07.2018 till the date of decree and @6% from the date of decree till the date of payment or realization.
Relief Type: Declaration
Outcome: Granted
Description:
Defendant is personally liable and assets liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
Acknowledged the liability of Rs. 2,25,000 by the defendant.
Reference:
Ext.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque for Rs. 2,50,000 issued by the defendant to the plaintiff.
Reference:
Ext.A2
Document Type: Dishonour memo
Submitted By: Plaintiff
Relevance:
Documents related to the cheque being dishonored.
Reference:
Ext.A3
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the defendant on behalf of the plaintiff.
Reference:
Ext.A4
Document Type: Returned Registered Cover
Submitted By: Plaintiff
Relevance:
Cover with notice that shows the defendant's non-receipt of notice.
Reference:
Ext.A5

Case Classification

Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
O.S.NO.
Case Code Year
2018

Case Flags

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

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 03/20/2018 - 12:00
Case Closed
Tue, 01/09/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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