Case Summary
Binumon P P is the plaintiff who lent Rs. 3,00,000 to Gautham Krishna for business purposes. The defendant failed to repay the loan, leading to this suit for recovery of the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff the sum of Rs. 3,01,281 along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the recovery of Rs. 3,01,281 along with interest.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
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 shall pay to the plaintiff the sum of Rs. 3,01,281/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binumon P P
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gautham Krishna
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Cheque No. 000041 for Rs. 300000, dishonour memo, office copy of lawyer’s notice, postal receipt of lawyer’s notice, acknowledgment card of registered notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay to the plaintiff the sum of Rs.3,01,281/- along with interest.
Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs.3,01,281/- (Rupees Three Lakhs One Thousand Two Hundred and Eighty One Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to the plaintiff in discharge of the debt.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was dishonoured due to insufficiency of funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The receipt shows that the lawyer's notice was sent by registered post.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card confirms that the defendant received the lawyer's notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Binumon P P vs Gautham Krishna regarding realization of money.
Case Code Year
Case between Binumon P P vs Gautham Krishna regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act