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
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.
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
Plaintiffs
Baiju Mathew (43 years)
Ramachamkuzhi House, Chambakkara, Maradu P.O, Ernakulam 682304
Defendants
Gigi Martin (46 years)
Vettackal House, Poonithura Village, Thykoodam, Udaya Road, Vytila P.O, Ernakulam District, Pin 682019
Martin (49 years)
Vettackal House, Poonithura Village, Thykoodam, Udaya Road, Vytila P.O, Ernakulam District, Pin 682019
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