Case Summary
The plaintiff, a partnership firm, seeks to recover ₹4,06,700 from the defendant for a loan borrowed and not repaid. The defendant issued a cheque that was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant do pay ₹4,06,700 together with interest @ 12% per annum until realization
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay ₹4,06,700 along with interest to the plaintiff. The defendant also has to cover the costs of the suit.
Why Plaintiff Won:
The plaintiff established the defendant's liability through oral and documentary evidence.
The plaintiff established the defendant's liability through oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established the defendant's liability through oral and documentary evidence.
The plaintiff established the defendant's liability through oral and documentary evidence.
Supporting Evidence
The plaintiff... has established his right to realize the amount from the defendant.
Judgment Evidence:
In the result: (a) The suit is decreed. The defendant do pay ₹4,06,700 together with the interest @ 12% per annum from the date of the suit until the date of decree to the plaintiff...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fortune Chits and Investments
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- P.U.Scaria
- Relation
- S/o
Plaintiffs Documents
Resolution No.008/2020-21, Certified copy of cheque bearing No.393171, Certified copy lawyer notice, Certified copy of postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew P Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumya Kumari T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dilish John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of ₹4,06,700/- along with interest.
Evidence:
The suit is decreed. The defendant do pay ₹4,06,700/- together with the interest @ 12% per annum from the date of the suit until the date of decree.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
This document shows the authorization for the plaintiff to file the case.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as a discharge of his liability.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document evidences the demand made to the defendant for the cheque amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Recovery of money
Case Code
Case between Fortune Chits and Investments vs P.U.Scaria regarding realisation of money
Case Code Year
Case between Fortune Chits and Investments vs P.U.Scaria regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act