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
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.
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
Plaintiffs
AONE Handlooms & Readymades (Age not specified years)
Door No: 67/9865, Market Road – Ernakulam- 682 011
S S Sikku (38 years)
Darusabar House, Palluruthy P O, Pin – 682 006, Ernakulam District
Defendants
Nisha T D (53 years)
Ottakaran Building, Chandhakunnu, Irinjalakkuda, Pin – 680 121
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