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
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
Why Plaintiff Won:
The plaintiff established a case with unchallenged evidence of the loan agreement and dishonored cheque.
The plaintiff established a case with unchallenged evidence of the loan agreement and dishonored cheque.
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
Plaintiffs
A.L. Chokkalingam (67 years years)
Veena, bearing Thrippunithura Municipality Door No. XIV/241, Near Varma Hospital, Thrippunithura, Ernakulam
Defendants
Gineesh.T.K. (29 years years)
Keecheri House, Udayamperoor.P.O., Ernakulam, Kochi – 682 307
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