Case Summary
This case involves a financial transaction where the plaintiff, Alexander P.J, lent money to the defendant, Thomas C.K. The plaintiff claims that the defendant failed to repay the amount and issued a dishonored cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 3,30,000/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
The plaintiff proved that the defendant owed the amount and failed to pay despite receiving a demand notice.
Judgment Evidence:
In the result, the suit is decreed as follows: the defendant is directed to pay to the plaintiff an amount of rupees 3,30,000/- (Rupees three lakhs thirty thousand only) with the interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realization from the defendant or his assets.
Parties Involved
Plaintiffs
Alexander P.J (65 years)
Puthussery House, Kannara Post, Pattikkad Village, Panancherry Taluk, Thrissur District
Defendants
Thomas C.K (55 years)
Chingarathumkattil House, Pandarapparambil, Near Akshya Hospital, Kadavanthra, Elamkulam Village, Kadavanthra, Kochi 20, Ernakulam, PIN 682 020
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of an amount of Rs.3,30,000/- along with interest.
Evidence:
The suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of rupees 3,30,000/- with the interest at the rate of 6% per annum from the date of institution of the suit, till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
In view of the findings on issue Nos.I and II, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was presented for payment and was dishonoured.
Reference:
Ext.A1
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
This document demonstrates the dishonour of the cheque presented by the plaintiff.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the legal notice sent to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the reply notice received from the defendant raising frivolous contentions.
Reference:
Ext.A5
Document Type:
Photocopy of the Agreement
Submitted By:
Plaintiff
Relevance:
This document contains an agreement detailing the amount owed by the defendant.
Reference:
Ext.A7