Case Summary
Plaintiff filed a suit against the defendant to realize an amount of Rs. 9,50,000 borrowed for business expansion, which the defendant failed to repay after issuing dishonored cheques.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs.9,50,000 with 6% interest annually
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff directing the defendant to pay Rs. 9,50,000 with 6% annual interest till realization along with costs.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence including dishonored cheques and notice of demand which remained unchallenged by the defendant.
The plaintiff provided cogent and reliable evidence including dishonored cheques and notice of demand which remained unchallenged by the defendant.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence including dishonored cheques and notice of demand which remained unchallenged by the defendant.
The plaintiff provided cogent and reliable evidence including dishonored cheques and notice of demand which remained unchallenged by the defendant.
Supporting Evidence
I find no reason to disbelieve the evidence adduced by the plaintiff. So, the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows:- 1. The defendant is directed to pay the plaintiff an amount of Rs.9,50,000/- (Rupees nine lakh and fifty thousand only) with interest at the rate of 6% per annum from the date of suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ammikkodan Ibrahim
- Party Age
- 42
- Relation
- Son of Beeran
- Party Role
- Plaintiff
- Party Name
- Mundakkoora Hamzakkutty
- Relation
- Son of Muhammed
- Party Role
- Defendant
- Party Name
- Puthoor Shakkeer
- Party Age
- 37
- Relation
- Son of Ayisha
Plaintiffs Documents
Cheque dated 25-5-2017, Cheque dated 5-6-2017, Memo received from State Bank of India, Lawyer Notice dated 4-8-2017, Postal acknowledgment card
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.C.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sara.K.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Payment of Rs.9,50,000 with 6% annual interest
Evidence:
The suit is decreed as follows:- 1. The defendant is directed to pay the plaintiff an amount of Rs.9,50,000/- (Rupees nine lakh and fifty thousand only) with interest at the rate of 6% per annum from the date of suit till realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of attempted payment by the defendant
Reference:
A1 - Cheque dated 25-5-2017 for Rs.4,75,000
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of attempted payment by the defendant
Reference:
A2 - Cheque dated 5-6-2017 for Rs.4,75,000
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo showing the reasons for cheque dishonor
Reference:
A3 - Memo received from State Bank of India
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Evidence of notice demanding repayment
Reference:
A5 - Copy of Regd. Lawyer Notice
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of lawyer notice by the defendant
Reference:
A6 - Postal acknowledgment card
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money Recovery
Case Code
Case between Ammikkodan Ibrahim vs Puthoor Shakkeer regarding money realization
Case Code Year
Case between Ammikkodan Ibrahim vs Puthoor Shakkeer regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case