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O.S. No. 1408/2019

Case between Fr. Antony Chiriyankandath vs Sri. Mathew C.T. regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-02-24
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Fr. Antony Chiriyankandath, a Catholic priest in Switzerland, is suing Sri. Mathew C.T. for the repayment of a loan of Rs. 3,00,000/- that was not returned. The defendant admitted to borrowing the amount but claimed to have repaid it, which the plaintiff disputes.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, allowing him to recover Rs. 3,00,000/- from the defendant with interest. The defendant's claims of having repaid the loan were not substantiated.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize an amount of Rs.3,00,000/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing him to recover Rs. 3,00,000/- from the defendant with interest. The defendant's claims of having repaid the loan were not substantiated.
Why Plaintiff Won:
The plaintiff proved the execution of cheques by the defendant and the failure to repay the loan.
Losing Side's Weaknesses:
The plaintiff proved the execution of cheques by the defendant and the failure to repay the loan.
Supporting Evidence
The defendant has specifically admitted the borrowal of an amount of Rs.4,00,000/- from the plaintiff, and entrustment of Exts.A1 to A3 to the plaintiff. Thus, the plaintiff has discharged his initial burden.

Judgment Evidence:

In the result, the suit is decreed as follows; The plaintiff is allowed to realize an amount of Rs.3,00,000/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Fr. Antony Chiriyankandath
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Sri. Mathew C.T.
Party Age
55
Relation
S/o
Plaintiffs Documents
Original cheque No. 336012 dated 22.04.2019, Original cheque No. 336013 dated 22.04.2019, Original cheque No. 336014 dated 01.07.2019, Rejection letter issued from South Indian Bank, Paluvai due to insufficient funds in the defendant's account, Copy of lawyer's notice dated 15.07.2019
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jayasankar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Manu Govind
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Joseph Shylan T.M.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jomol T.J.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover Rs.3,00,000/- from the defendant.
Evidence:
Therefore, the plaintiff is entitled to get a decree for realization of Rs.3,00,000/- from the defendant.

Documents & Evidence

Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
Used to prove the debt owed by the defendant.
Reference:
Ext.A1
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
Used to prove the debt owed by the defendant.
Reference:
Ext.A2
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
Used to prove the debt owed by the defendant.
Reference:
Ext.A3
Document Type: Rejection letter
Submitted By: Plaintiff
Relevance:
Demonstrates the dishonor of the cheques presented by the plaintiff.
Reference:
Ext.A4
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
Shows the demand for repayment sent to the defendant.
Reference:
Ext.A5
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Confirms the sending of the lawyer's notice to the defendant.
Reference:
Ext.A5(a)

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 Fr. Antony Chiriyankandath vs Sri. Mathew C.T. regarding realization of money
Case Code Year
Case between Fr. Antony Chiriyankandath vs Sri. Mathew C.T. regarding realization of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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