Case Summary
The plaintiff, a lottery vendor, is seeking to recover a loan of Rs.3,00,000 from the defendant, who borrowed the money and failed to repay. The defendant has been set ex parte after not filing a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,12,000 along with interest
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay the loan amount along with interest. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
Plaintiff established a case for recovery of the loan amount through evidence.
Plaintiff established a case for recovery of the loan amount through evidence.
Losing Side's Weaknesses:
Plaintiff established a case for recovery of the loan amount through evidence.
Plaintiff established a case for recovery of the loan amount through evidence.
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.3,12,000 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.3,12,000 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, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.L. Chokkalingam
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Greeshma Krishnan alias Greeshma.T.K.
- Party Age
- 31
- Relation
- D/o
Plaintiffs Documents
Promissory note executed by the defendant, Cheques issued by the defendant, Dishonor memos from bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Sooraj.P.I.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Murukesh Reghu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.3,12,000/- along with interest.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,12,000/- with interest from defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize 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:
Executed by the defendant acknowledging the debt of Rs. 3,00,000/-.
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:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque for Rs. 50,000/- issued by the defendant to the plaintiff.
Reference:
Ext.A3
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Memo issued by the drawee bank for the cheque bearing No. 138606.
Reference:
Ext.A4
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Memo issued by the drawee bank for the cheque bearing No. 138605.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant in respect of cheque No. 138606.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant in respect of cheque No. 138605.
Reference:
Ext.A7
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidencing receipt of lawyer notice by the defendant.
Reference:
Ext.A8
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidencing receipt of lawyer notice by the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
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