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
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.
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
Plaintiffs
Cherian Sebastian (66 years)
41/3719-b, 1st floor, Ann’s Apartments, Amulia Street, Cochin – 18
Lyza Cherian (63 years)
41/3719-B, 1st floor, Ann’s Apartments, Amulia Street, Cochin – 18
Defendants
M/S Le Phoenix Traders & Realtors Pvt Ltd (Age not specified years)
Samajam Road, Vaduthala, Cochin – 682 023
M/S Le Phoenix Fire Protections Pvt Ltd (Age not specified years)
Samajam Road, Vaduthala, Cochin – 682 023
Sajilu Anwar (Age not specified years)
Office at Samajam Road, Vaduthala, Cochin – 682 023
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