Case Summary
Aneeshkumar.S. filed a suit against Bindu.V.S. seeking to recover ₹9,00,000/- which he claimed was borrowed for house maintenance. Bindu.V.S. denied the allegations, stating the cheque was issued under different circumstances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise ₹9,32,000/- and 9% interest on the principal amount.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, allowing the plaintiff to recover ₹9,32,000/- along with interest from the defendant.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Supporting Evidence
The evidence of the plaintiff was convincing enough to support the claim regarding the dishonoured cheque and the loan issued.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of ₹ 9,32,000/- (Nine Lakhs thirty two thousand only) and also to realise 9% interest on the principal amount of ₹ 9,00,000/- (Nine Lakhs only) from the defendant from the date of the suit ie, 13.10.2021 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneeshkumar.S.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu.V.S
- Relation
- W/o
Plaintiffs Documents
Original Cheque No.089783, Cheque return memo.
Defendants Documents
Pay slip, Settlement deed No.1384/2019.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joji Alex
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish Gopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realise the plaint claim of ₹9,32,000/-.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of ₹9,32,000/-.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
No specific injunction was mentioned, but related queries were raised during proceedings.
Evidence:
The court considered various aspects of the case without specifying an injunction.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This was the cheque issued by the defendant to the plaintiff in discharge of the debt.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document evidences that the cheque issued by the defendant was returned unpaid.
Reference:
Ext.A2
Document Type:
Pay Slip
Submitted By:
Defendant
Relevance:
This document was submitted to support the defendant's claims regarding financial transactions.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document was referenced to support the defendant's ownership of property.
Reference:
Ext.B2
Document Type:
Copy of judgment
Submitted By:
Court
Relevance:
This document is a copy of a previous relevant judgment mentioned in the proceedings.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Aneeshkumar.S. vs Bindu.V.S regarding realisation of money.
Case Code Year
Case between Aneeshkumar.S. vs Bindu.V.S regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act