Case Summary
Eldho Olickal is the plaintiff, who contracted Madhu to renovate his house. The plaintiff alleges that after making payments, he discovered discrepancies and dishonoured cheques from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,80,000/- along with interest @ 12% per annum from the date of suit till the date of decree and 6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed that the defendant must pay the plaintiff the amount owed along with interest.
Why Plaintiff Won:
The plaintiff established the existence of an enforceable debt supported by the dishonoured cheques.
The plaintiff established the existence of an enforceable debt supported by the dishonoured cheques.
Losing Side's Weaknesses:
The plaintiff established the existence of an enforceable debt supported by the dishonoured cheques.
The plaintiff established the existence of an enforceable debt supported by the dishonoured cheques.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,80,000/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,80,000/-(Rupees One lakh eighty thousand only) along with interest @ 12% per annum from from the date of suit till the date of decree and 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Eldho Olickal
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madhu
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of Cheque bearing no: 244983, Certified copy of Cheque bearing no: 244982, Certified copy of dishonour memo issued by South Indian Bank, Certified copy of dishonour memo issued from Federal Bank, Certified copy of the office copy of the Legal notice, Certified copy of Postal receipt, Certified copy of Acknowledgment card, Statement of account with South Indian Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bonny Baby
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benraj K R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,80,000/- along with interest from the defendant.
Evidence:
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,80,000/- with interest from defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant's personal assets are also liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Shows the cheque issued by the defendant in favour of the plaintiff.
Reference:
Ext.A1
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Shows another cheque issued by the defendant in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Certified Copy of Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the first cheque was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type:
Certified Copy of Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the second cheque was dishonoured due to insufficient funds.
Reference:
Ext.A4
Document Type:
Certified Copy of Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a statutory demand notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Certified Copy of Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a statutory demand notice sent to the defendant.
Reference:
Ext.A6
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A7
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A8
Document Type:
Certified Copy of Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment of the legal notice by the defendant.
Reference:
Ext.A9
Document Type:
Certified Copy of Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of acknowledgment of the legal notice by the defendant.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details the account transactions that are subject to proof.
Reference:
Ext.A11
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Relates to the outcome of the complaint against the defendant.
Reference:
Ext.A12
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Relates to the outcome of the complaint against the defendant.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Eldho Olickal vs Madhu regarding realization of money
Case Code Year
Case between Eldho Olickal vs Madhu regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act