Case Summary
G. Gopakumar is the plaintiff who has filed a suit against Nijad Nissam for the recovery of a loan. The defendant borrowed Rs. 60,000 from the plaintiff and failed to repay the amount despite receiving legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.65,560/- with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover the amount along with interest. The court found the defendant liable for the borrowed sum.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The deposition of PW1 and Exts.A1 to A5 would prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.65,560/- together with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- G. Gopakumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aromal.J
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nijad Nissam
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.049495 dated 05/03/2024, Dishonour Memo, Office copy of Lawyer’s Notice, Postal Receipts, Copy of Track Consignment
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Madhusudhan.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshaya Vikram
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sulekha.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra.B.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajalekshmi.R.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 65,560 from the defendant.
Evidence:
the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.65,560/-
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit are awarded to the plaintiff.
Evidence:
there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued in discharge of the liability.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the legal notice sent to the defendant demanding repayment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the delivery of the legal notice.
Reference:
Ext.A4
Document Type:
Track Consignment
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the legal notice to the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between G. Gopakumar vs Nijad Nissam regarding Realisation of Money
Case Code Year
Case between G. Gopakumar vs Nijad Nissam regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act