Case Summary
The plaintiff, Baiju Mathew, is seeking to recover a sum of Rs. 1,44,000 from the defendants, Gigi Martin and Martin, due to a dishonored cheque. The case involves disputes over an agreement regarding the sale of property and subsequent financial liabilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,44,000 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is allowed with the plaintiff entitled to recover Rs. 1,44,000 with interest from the defendants. The court deemed the plaintiff's claims as more probable due to the absence of evidence from the defendants.
Why Plaintiff Won:
The plaintiff provided credible evidence of a due amount supported by a dishonored cheque.
The plaintiff provided credible evidence of a due amount supported by a dishonored cheque.
Losing Side's Weaknesses:
The plaintiff provided credible evidence of a due amount supported by a dishonored cheque.
The plaintiff provided credible evidence of a due amount supported by a dishonored cheque.
Supporting Evidence
Considering all these facts it is seen that case of PW1 is more probable. Thus plaintiff is entitled to get the relief as prayed for.
Judgment Evidence:
In the result, the suit is allowed as follows: The plaintiff is allowed to recover Rs.1,44,000 (Rupees One lakh Forty Four thousand only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baiju Mathew
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gigi Martin
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Martin
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 690/2019, Cheque bearing No. 104322, Cheque dishonor memo, Legal notice, Reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Daniel
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.M Binitha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shaji Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Subin.K.Sudheer
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,44,000/- with interest from the defendants.
Evidence:
Thus plaintiff is entitled to get the relief as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendants or from their assets.
Evidence:
The issue is answered accordingly.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the sale deed relevant to the transactions involving the plaintiff and the first defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This is the cheque issued by the first defendant for the balance amount of the sale consideration.
Reference:
Ext.A2
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque issued by the first defendant was dishonored due to insufficient funds.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded payment from the first defendant following the dishonor of the cheque.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is a response from the defendants regarding the legal notice sent by the plaintiff.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This statement provides details of the bank transactions during the relevant period.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Baiju Mathew vs Gigi Martin et al regarding realization of money
Case Code Year
Case between Baiju Mathew vs Gigi Martin et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act