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
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
Why Plaintiff Won:
The plaintiff proved the case with unchallenged oral testimony and documentary evidence, establishing the debt owed by the defendant.
The plaintiff proved the case with unchallenged oral testimony and documentary evidence, establishing the debt owed by the defendant.
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
Plaintiffs
Chocolates Collections (Age not specified years)
Opposite Central Juma Masjid, 40/3493, Jew Street, Kochi - 682031
Geo. K. George (32 years)
Kolady house Chattukulam, Chittanoor P.O., Kunnamkulam Thrissur - 680 523
Defendants
Shahul C. Jamal (30 years)
Valiyaveetil House, Poonjar Thekkekkara Village, Thekkekkara Muri, Erattupetta P.O., Kottayam – 686 121
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