Case Summary
The plaintiff, A.M.A Oil Mill, filed a suit against the defendant, Reji Haneefa, for the recovery of a debt related to coconut oil purchases. The defendant failed to honour a cheque issued for the debt, leading to this litigation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to pay the amount of Rs. 4,14,439/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% upon the principal amount due, per annum, till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the amount owed along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proves the defendant's liability to pay.
The unchallenged evidence of the plaintiff proves the defendant's liability to pay.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proves the defendant's liability to pay.
The unchallenged evidence of the plaintiff proves the defendant's liability to pay.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 to A9 in the absence of any contra evidence proves the case of the plaintiff that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 4,14,439/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% upon the principle amount due, per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.M.A Oil Mill
- Relation
- represented by its Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Reji Haneefa
Plaintiffs Documents
Cheque No.241676, Dishonour memos, Office copy of the lawyer notice, Postal receipts, Acknowledgment cards, Power of attorney, Partnership deed, Tax invoices, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.A. Shameer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raji M. Balakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the amount due from the defendant.
Evidence:
I hold that plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to discharge the liability.
Reference:
Ext.A1
Document Type:
Dishonour Memos
Submitted By:
Plaintiff
Relevance:
The memos document the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A2 series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to demand payment from the defendant.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The receipts confirm the dispatch of the lawyer notice.
Reference:
Ext.A4 series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
The cards confirm receipt of the lawyer notice by the defendant.
Reference:
Ext.A5 series
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The document authorizes the power of attorney holder to conduct the case.
Reference:
Ext.A6
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
The deed confirms the partnership of the plaintiff institution.
Reference:
Ext.A7
Document Type:
Tax Invoices
Submitted By:
Plaintiff
Relevance:
Invoices related to transactions between the plaintiff and the defendant.
Reference:
Ext.A8 series
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The account statement summarizes transactions during the relevant period.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between A.M.A Oil Mill vs Reji Haneefa regarding realization of amount
Case Code Year
Case between A.M.A Oil Mill vs Reji Haneefa regarding realization of amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act