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
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.
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
Plaintiffs
Dinson M.T (33 years years)
Maliyekkal house, South Chittoor P.O, Cheranelloor village, Kanayannur taluk, Ernakulam District, Pin – 682 027
Defendants
Arun Unnikrishnan (31 years years)
Komarapilly house, South Chittoor P.O, Cheranelloor village, Kanayannur taluk, Ernakulam District
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