Case Summary
Babu filed a suit against K V Salimon for the recovery of Rs. 10 lakhs loaned to him, which was not repaid. The defendant issued cheques that were dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff was allowed to realize the plaint claim of ₹.10,00,000 and 9% interest from the defendant's assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, allowing the plaintiff to realize the claim of Rs. 10 lakhs along with 9% interest from the defendant.
Why Plaintiff Won:
The court found that the defendant admitted the plaint claim.
The court found that the defendant admitted the plaint claim.
Losing Side's Weaknesses:
The court found that the defendant admitted the plaint claim.
The court found that the defendant admitted the plaint claim.
Supporting Evidence
Defendant appeared on summons and he filed conceded written statement admitting the plaint claim.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K V Salimon
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original cheque No.834073, 834074 dated 19.09.2024 of state Bank of India, Vaikom; Cheque dishonour memos dated 19.09.2024; Office copy of registered notice dated 20.09.2024; Postal receipt dated 20.09.2024; Postal acknowledgment card dated 20.09.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Feba Elma Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D Subhash Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff was allowed to recover ₹.10,00,000 and 9% interest from the defendant.
Evidence:
the suit is decreed with costs. The plaintiff was allowed to realize the plaint claim of ₹.10,00,000 (Rupees Ten Lakh Only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 04.11.2024 till realization.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Plaintiff produced original cheques issued by the defendant to support his claim for recovery of money.
Reference:
null
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Cheque dishonour memos served as evidence that the cheques issued by the defendant were returned unpaid.
Reference:
null
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the registered notice was sent to the defendant regarding the dishonoured cheques.
Reference:
null
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt was submitted as proof of sending the registered notice to the defendant.
Reference:
null
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirmed receipt of the registered notice by the defendant.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
OS
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act