Case Summary
Cherian Sebastian and Lyza Cherian, the plaintiffs, are seeking to recover money owed to them by the defendants, M/S Le Phoenix Traders & Realtors Pvt Ltd, M/S Le Phoenix Fire Protections Pvt Ltd, and Sajilu Anwar due to unpaid rent and dishonored cheques. The defendants failed to appear in court, leading to a judgment in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,78,000/- along with interest at 12% from the date of suit till the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to pay a total of Rs. 1,78,000/- along with prescribed interest due to arrears of rent and a dishonored cheque. The plaintiffs are also entitled to recover the costs of the suit.
Why Plaintiff Won:
Plaintiffs established the existence of rent arrears and the dishonor of the cheque due to insufficient funds.
Plaintiffs established the existence of rent arrears and the dishonor of the cheque due to insufficient funds.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiffs have established that the rent is in arrears. Nothing is brought forth to show that defendants had cleared the arrears of rent. Also, the plaintiff has adduced sufficient evidence to show that the cheque issued by defendants were dishonoured due to insufficiency of funds.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,78,000/- (Rupees One lakh seventy eight thousand only) along with interest @ 12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cherian Sebastian
- Party Age
- 66
- Party Role
- Plaintiff
- Party Name
- Lyza Cherian
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/S Le Phoenix Traders & Realtors Pvt Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- M/S Le Phoenix Fire Protections Pvt Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sajilu Anwar
Plaintiffs Documents
Copy of dishonoured cheque for Rs.1,50,000/-, Cheque return memo, Registered demand notice issued to defendants, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jinishlal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs sought recovery of Rs.1,78,000/- along with interest from the defendants.
Evidence:
This court is satisfied that plaintiffs have succeeded in establishing that they are entitled to realize an amount of Rs.1,78,000/- with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants to pay costs of the suit.
Evidence:
Plaintiffs are also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Copy of dishonoured cheque
Submitted By:
Plaintiff
Relevance:
The cheque for Rs. 1,50,000/- was issued by the defendants and was dishonoured due to insufficient funds.
Reference:
Ext.P1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document indicating the reason for dishonour of the cheque.
Reference:
Ext.P2
Document Type:
Registered demand notice
Submitted By:
Plaintiff
Relevance:
Demand notice issued to the defendants regarding the dishonoured cheque and arrears.
Reference:
Ext.P3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the registered notices to the defendants.
Reference:
Ext.P4
Document Type:
Letter issued by Sub-post master
Submitted By:
Plaintiff
Relevance:
Confirmation regarding the missing acknowledgment receipts of the registered demand notices.
Reference:
Ext.P5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Cherian Sebastian et al vs M/S Le Phoenix Traders & Realtors Pvt Ltd et al regarding realization of money
Case Code Year
Case between Cherian Sebastian et al vs M/S Le Phoenix Traders & Realtors Pvt Ltd et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act