Case Summary
A A Haneefa is suing Noushad for repayment of a loan amounting to 6,69,000/- that was secured by a promissory note. The case was decided in favor of the plaintiff as the defendant failed to present any evidence or defense.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay a sum of 6,69,000/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided reliable evidence that the defendant borrowed the money and failed to repay it.
The plaintiff provided reliable evidence that the defendant borrowed the money and failed to repay it.
Judgment Evidence:
In the result, the suit is decreed exparte as follows: The defendant is directed to pay to the plaintiff a sum of 6,69,000/- together with interest at the rate of 12% per annum from 16 April 2024 till realisation, and with costs of the suit.
Parties Involved
Plaintiffs
A A Haneefa (52 years years)
Aimanakkudy House, Kaithakkadu Kara, Pattimattom P O, Pattimattom Village, Kunnathunadu Taluk, Ernakulam District-683 562.
Defendants
Noushad (52 years years)
Mannantetharayil House, Thazhava P O, Thennummury Kara, Thazava Village, Karunagappilly Taluk, Kollam District-690523.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff Rs. 6,69,000 along with interest.
Evidence:
Accordingly, the testimony of the plaintiff and the documentary evidence produced as reliable and credible.
Relief Type:
Charge
Outcome:
Granted
Description:
A charge over the defendant's property is ordered for realization of the amount.
Evidence:
There shall be a charge over the property described in the schedule attached to the plaint for realisation of the aforesaid amount.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Establishes that the defendant borrowed money from the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant in discharge of the borrowed amount.
Reference:
Ext.A2
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demands repayment from the defendant prior to the suit.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the lawyer notice was sent to the defendant.
Reference:
Ext.A5
Document Type:
Unclaimed cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Proves that the notice was not acknowledged by the defendant.
Reference:
Ext.A6