Case Summary
Careon Healthcare Solutions (P) Ltd is suing Mr.Rajesh for the recovery of a debt amounting to Rs.1,38,378/- with interest. The defendant defaulted on repayment of loans taken for pharmaceuticals and issued dishonored cheques.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,38,378/- along with interest @12% from 01.12.2022 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs.1,38,378/- along with interest. The defendant's assets are also liable to satisfy the decree debt.
Why Plaintiff Won:
Plaintiff established the case through unchallenged evidence.
Plaintiff established the case through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established the case through unchallenged evidence.
Plaintiff established the case through unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,38,378/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,38,378/-(Rupees One lakh thirty eight thousand three hundred and seventy eight only) along with interest @12% from 01.12.2022 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Careon Healthcare Solutions (P) Ltd
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Mr. John.M.M
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Rajesh
- Relation
- Proprietor
Plaintiffs Documents
Certificate of incorporation, resolution extract, power of attorney, tax invoices, dishonored cheques, legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Dhanesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,38,378/- from the defendant.
Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,38,378/-(Rupees One lakh thirty eight thousand three hundred and seventy eight only) along with interest @12% from 01.12.2022 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Defendant is directed to pay interest at the rate of 12% per annum from 01.12.2022 till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from 01.12.2022 till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Defendant is directed to pay interest at the rate of 6% from the date of decree till the date of payment or realization.
Evidence:
Defendant is directed to pay interest at the rate of 6% from the date of decree till the date of payment or realization.
Documents & Evidence
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Establishes the legal existence of the plaintiff company.
Reference:
Ext.A1
Document Type:
Extract of resolution
Submitted By:
Plaintiff
Relevance:
Shows authorization for the managing director to act on behalf of the company.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Confirms the authority of the power of attorney holder.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Documents the sales made to the defendant.
Reference:
Exts.A4 to A11
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Represents payment attempt from the defendant, which was dishonored.
Reference:
Ext.A12
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Evidence of dishonor of the first cheque issued by the defendant.
Reference:
Ext.A13
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another attempted payment from the defendant, also dishonored.
Reference:
Ext.A14
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendant that was dishonored.
Reference:
Ext.A15
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Evidence of dishonor of the second cheque issued by the defendant.
Reference:
Ext.A16
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Evidence of dishonor of the third cheque issued by the defendant.
Reference:
Ext.A17
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demands payment from the defendant regarding the owed amount.
Reference:
Ext.A18
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendant.
Reference:
Ext.A19
Document Type:
Certificate under Section 65 B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Confirms the compliance with electronic evidence guidelines.
Reference:
Ext.A20
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Careon Healthcare Solutions (P) Ltd vs Mr.Rajesh regarding realization of money
Case Code Year
Case between Careon Healthcare Solutions (P) Ltd vs Mr.Rajesh regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act