Case Summary
Buhuleyan V.V is the plaintiff who loaned Rs. 5,50,000 to Shaji P.S for purchasing gymnasium machinery, but the loan was not repaid. The cheque issued in repayment was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
The plaintiff successfully established the dishonor of the cheque and the existence of the debt.
Judgment Evidence:
In the result, the suit is decreed as follows, Defendants shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Parties Involved
Plaintiffs
Buhuleyan V.V (70 years years)
Edathikovilchira House, Panangad P.O, Kumbalam village, Kanayannoor taluk, Ernakulam District, Pin – 682 506
Defendants
Shaji P.S (47 years years)
Puthenpurayil house, Chathamma, Panangad P.O, Kumbalam village, Kanayannoor Taluk, Ernakulam District, Pin – 682 506
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay plaintiff Rs. 6,58,500 along with interest.
Evidence:
The suit is decreed as follows, Defendants shall pay the plaintiff Rupees Rs. 6,58,500/- along with interest at the rate of 9% per annum from the date of the suit till the date of the decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 9% per annum from the suit date till the decree date.
Evidence:
This court finds the rate of interest reasonable for the suit period and is pleased to grant the same.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Therefore, the issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The document is the cheque issued by the defendant for the loan which was dishonoured.
Reference:
Ext.A1
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
This document serves as a confirmation regarding the cheque return due to insufficient funds.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
The notice sent to the defendant informing him about the dishonored cheque and demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the dispatch of the lawyer's notice to the defendant.
Reference:
Ext.A4
Document Type:
Letter addressed to counsel
Submitted By:
Plaintiff
Relevance:
A letter from the senior postmaster related to the delivery of the notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Delivery slip
Submitted By:
Plaintiff
Relevance:
The delivery slip from the Registration Department pertaining to the legal notice.
Reference:
Ext.A6
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
This document pertains to a complaint filed by the plaintiff in connection with another case.
Reference:
Ext.B1
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Another complaint filed by the plaintiff relevant to the defendant's claims.
Reference:
Ext.B2