Case Summary
The plaintiff, Dinson M.T, is suing the defendant, Arun Unnikrishnan, for failing to repay a loan of ₹1,10,000 that was promised to be returned. After multiple reminders and a dishonoured cheque, the plaintiff seeks recovery of the amount owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay an amount of ₹1,28,400 with 9% interest per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹1,28,400 with interest and costs. The court noted the defendant's failure to repay and lack of appearance in court.
Why Plaintiff Won:
The court found adequate evidence of the loan agreement and subsequent failures by the defendant to repay.
The court found adequate evidence of the loan agreement and subsequent failures by the defendant to repay.
Losing Side's Weaknesses:
The court found adequate evidence of the loan agreement and subsequent failures by the defendant to repay.
The court found adequate evidence of the loan agreement and subsequent failures by the defendant to repay.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of 1,28,400/- (Rupees One Lakh Twenty-Eight Thousand and Four Hundred only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dinson M.T
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun Unnikrishnan
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Sale Agreement, Original Cheque, Cheque return memo, Copy of the lawyer notice, Postal receipt, The returned envelop with A/d card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.V.Jayadeep Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.P.Ramesh Thegumpillil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hariprasad K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Xavier Jess M.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due from the defendant.
Evidence:
The suit is decreed directing the defendants to pay an amount of 1,28,400/- (Rupees One Lakh Twenty-Eight Thousand and Four Hundred only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest at a rate of 9% per annum granted from the date of suit till the date of decree.
Evidence:
The suit is decreed directing the defendants to pay an amount of 1,28,400/-... with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The document evidences the agreement made between the plaintiff and the defendant regarding the repayment of the loan.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant to the plaintiff, which was dishonoured.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo from the bank confirming the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent by the plaintiff to the defendant demanding repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the sending of the legal notice to the defendant.
Reference:
Ext.A5
Document Type:
Returned envelop with A/d card
Submitted By:
Plaintiff
Relevance:
Evidence that the notice sent to the defendant was returned unserved.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Dinson M.T vs Arun Unnikrishnan regarding money repayment
Case Code Year
Case between Dinson M.T vs Arun Unnikrishnan regarding money repayment
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour