Case Summary
The plaintiff, Ismayil. T.K, is seeking to recover a loan of 4,00,000/- from the defendant, Shabeer. A.P, which was agreed to be repaid by the end of December 2017. The defendant defaulted on repayment, prompting the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.4,00,000/- (Rupees Four Lakhs Only) to the plaintiff and also the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay the plaintiff the amount claimed along with the costs of the suit.
Why Plaintiff Won:
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Losing Side's Weaknesses:
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Judgment Evidence:
In the result, The suit is decreed as follows: 1.The defendant is directed to pay Rs.4,00,000/- (Rupees Four Lakhs Only) to the plaintiff. 2.The defendant is also directed to pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ismayil. T.K
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shabeer. A.P
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original agreement executed between Plaintiff, Plaintiff's brother and defendant, Copy of cheque of Rs. 400000/-, Memo from Fedaral Bank, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Regha. K.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K. Jaideep singh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Rashmi. U.N.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.4,00,000/- to the plaintiff.
Evidence:
The suit is decreed as follows: 1. The defendant is directed to pay Rs.4,00,000/- (Rupees Four Lakhs Only) to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Executed between Plaintiff, Plaintiff's brother and defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque of Rs. 400000/- issued by the defendant.
Reference:
Ext.A2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Memo from Federal Bank regarding the cheque.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the defendant.
Reference:
Ext.A4
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Copy of the undelivered cover related to the lawyer notice.
Reference:
Ext.A4(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Ismayil. T.K vs Shabeer. A.P regarding realization of money
Case Code Year
Case between Ismayil. T.K vs Shabeer. A.P regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour