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
The court ruled in favor of the plaintiff, ordering the defendant to repay the borrowed amount along with interest.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The evidence of PW1 remains uncontroverted, as the defendant, having been set exparte, has neither cross-examined the witness nor adduced any rebuttal evidence.
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
Parties
- Party Role
- Plaintiff
- Party Name
- A A Haneefa
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noushad
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Promissory Note, Cheque No.860471, Dishonor memo, Office copy of the lawyer notice, Postal receipt, Unclaimed cover with A/d Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Hashim Al Thaf
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aparna Shaji
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Cheque dishonour
Case Code
Case between A A Haneefa vs Noushad regarding money recovery
Case Code Year
Case between A A Haneefa vs Noushad regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act