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
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.
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
Plaintiffs
Eldho Olickal (30 years years)
Olickal House, Eliyamkunnu, Mulanthuruthy, Ernakulam, Kerala- 682 314
Defendants
Madhu (47 years years)
Marangattil House, Mulanthuruthy P O, Ernakulam, Kerala- 682 314
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