Case Summary
The plaintiff, Beejay Agencies represented by its Proprietor Binoy Varghese, is seeking recovery of an amount due from the defendant, Rasheed P.S, for goods purchased on credit. The case was proceeded exparte due to the defendant's failure to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹1,20,258 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay ₹1,20,258 along with interest.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendant to pay to the plaintiff the sum of ₹1,20,258/- (Rupees One Lakh Twenty Thousand Two Hundred and Fifty Eight only) with interest thereon at the rate of 6% per annum for the principal amount of ₹1,13,999/- (Rupees One Lakh Thirteen Thousand Nine Hundred and Ninety Nine only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beejay Agencies represented by its Proprietor Binoy Varghese
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rasheed P.S
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Invoice no.GO.1714/24-25, Cheque no.002977, Cheque returned Memo, Lawyer's Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Thomas Kandamchira
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹1,20,258/- from the defendant.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the principal amount of ₹1,13,999/- at the rate of 6% per annum.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of ₹1,20,258/- with interest thereon at the rate of 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Document evidencing the amount due from the defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant as payment for the amount due.
Reference:
Ext.A2
Document Type:
Cheque Returned Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating that the cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding payment after cheque bounced.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt proving that the lawyer's notice was sent by post.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card showing the acknowledgment of receipt of the lawyer's notice.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
Case between Beejay Agencies vs Rasheed P.S regarding realization of money
Case Code Year
Case between Beejay Agencies vs Rasheed P.S regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour