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O.S. No. 433/2018

Case between Chocolates Collections vs Shahul C. Jamal regarding realization of money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-31
Duration
approximately-5 years 11 months
Case Closed
Wed, 01/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Chocolates Collections, is seeking to recover money owed by the defendant, Shahul C. Jamal, due to a dishonored cheque. The plaintiff claims that the defendant has sufficient means to pay but is evading the payment.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the amount owed by the defendant. The plaintiff is entitled to a total of Rs. 3,20,600 along with interest.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 3,20,600 from the defendant with 9% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the amount owed by the defendant. The plaintiff is entitled to a total of Rs. 3,20,600 along with interest.
Why Plaintiff Won:
The plaintiff proved the case with unchallenged oral testimony and documentary evidence, establishing the debt owed by the defendant.
Losing Side's Weaknesses:
The plaintiff proved the case with unchallenged oral testimony and documentary evidence, establishing the debt owed by the defendant.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and Ext. A1 series, it is evident that the defendant purchased various chocolates items and sweet items from the plaintiff for a total sum of Rs. 3,10,000...

Judgment Evidence:

In the result, the suit is decreed with costs of the plaintiff as follows. The plaintiff is entitled to realize an amount of Rs. 3,20,600 from the defendant...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Chocolates Collections
Relation
Represented by
Party Role
Plaintiff
Party Name
Geo. K. George
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Shahul C. Jamal
Party Age
30
Relation
S/o
Plaintiffs Documents
Original Invoices (4 Nos.), Original of the Cheque for Rs.3,10,000, Original of the cheque return memo, True copy of the lawyer Notice, Original Postal receipt of the Lawyer Notice, Unserved Original of the Postal Cover along with A/D Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C. Anilkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.S. Prasob
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
P.M. Manash
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 3,20,600 from the defendant.
Evidence:
In these circumstances, having considered the oral testimony of PW1 and Ext. A1 to A6, the plaintiff has proved his case before the court and therefore, he is entitled to get a decree as he prayed for.

Documents & Evidence

Document Type: Invoices
Submitted By: Plaintiff
Relevance:
The court used these invoices to substantiate the claim of amounts owed by the defendant.
Reference:
Ext.A1 series
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque was issued by the defendant to pay off the debt but was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This memo indicated that Ext.A2 cheque was dishonoured for insufficient funds.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant after the cheque was dishonoured.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This receipt shows that the Ext.A4 lawyer notice was dispatched.
Reference:
Ext.A5
Document Type: Unserved Postal Cover
Submitted By: Plaintiff
Relevance:
This cover relates to the unserved lawyer notice sent to the defendant.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Chocolates Collections vs Shahul C. Jamal regarding realization of money
Case Code Year
Case between Chocolates Collections vs Shahul C. Jamal regarding realization of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 03/27/2018 - 12:00
Case Closed
Wed, 01/31/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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