Case Summary
The plaintiff, AONE Handlooms & Readymades, is seeking payment of Rs.22,650 from the defendant, Nisha T D, for materials purchased on credit. The defendant's cheque was dishonoured due to insufficient funds, prompting the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.22,650 along with interest at the rate of 12% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, with the defendant ordered to pay Rs.22,650 along with interest. The defendant is liable for the decree debt.
Why Plaintiff Won:
The plaintiff proved the existence of an enforceable debt through the unchallenged evidence.
The plaintiff proved the existence of an enforceable debt through the unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved the existence of an enforceable debt through the unchallenged evidence.
The plaintiff proved the existence of an enforceable debt through the unchallenged evidence.
Supporting Evidence
On perusal of Ext. A1 cheque, it is evident that the defendant had issued Ext.A1 in favour of the plaintiff in discharge of enforceable debt. The allegation as to existence of an enforceable debt is not rebutted.
Judgment Evidence:
In the result, suit is decreed as follows:1) Defendant shall pay Rs.22,650/- (Rupees Twenty two thousand six hundred and fifty only) along with interest @12% per annum from the date of suit 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 plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- AONE Handlooms & Readymades
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- S S Sikku
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nisha T D
- Party Age
- 53
Plaintiffs Documents
Cheque bearing No.10306201 dated 26.06.2024, Dishonour memo dated 16.09.2024, Demand notice dated 17.01.2025, Postal receipt dated 17.01.2025, Acknowledgment card signed by the defendant, Duplicate copy of sales bill No.B 6499
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N S Mohammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Usman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Priyadevi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arshad Ameen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashna T Ashik
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.22,650/- along with interest as specified.
Evidence:
Defendant shall pay Rs.22,650/- (Rupees Twenty two thousand six hundred and fifty only) along with interest @12% per annum from the date of suit 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 plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant's personal liability 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 costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.10306201 dated 26.06.2024 issued by defendant in favour of plaintiff for Rs.20,818/- towards a legally enforceable debt.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Copy of the dishonour memo dated 16.09.2024 stating reason 'funds insufficient'.
Reference:
Ext.A2
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice dated 17.01.2025 issued to the defendant calling for payment of the amount due.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 17.01.2025 for sending the demand notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the defendant confirming receipt of the demand notice.
Reference:
Ext.A5
Document Type:
Sales Bill
Submitted By:
Plaintiff
Relevance:
Duplicate copy of sales bill No.B 6499 indicating the amount owed by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between AONE Handlooms & Readymades vs Nisha T D regarding realization of money
Case Code Year
Case between AONE Handlooms & Readymades vs Nisha T D regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act