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
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
Why Plaintiff Won:
The plaintiff proved the execution of cheques by the defendant and the failure to repay the loan.
The plaintiff proved the execution of cheques by the defendant and the failure to repay the loan.
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
Plaintiffs
Fr. Antony Chiriyankandath (58 years years)
Biffing 22, CH-3924 st. Niklaus, Switzerland
Defendants
Sri. Mathew C.T. (55 years years)
Chiriyankandath House, Kakkaratt padi Road, Behind VBS Hall, Pavaratty P.O., Thrissur-680507
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)