Case Summary
The plaintiff, Joyson Iype. K, is a businessman who lent money to the defendants, who are partners in a construction firm. The defendants failed to repay the amount despite assurances and a legal notice was issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs. 5,05,000/- together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the amount lent along with interest.
Why Plaintiff Won:
The evidence clearly established that the defendants are indebted to the plaintiff.
The evidence clearly established that the defendants are indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendants are indebted to the plaintiff.
The evidence clearly established that the defendants are indebted to the plaintiff.
Supporting Evidence
The evidence clearly established that the defendants are indebted to the plaintiff. From the evidence of PW1 and Exts.A1 to A5 documents, it shows that the plaintiff is entitled to realise an amount of Rs. 5,05,000/- (Rupees Five Lakhs Five Thousand only) from the defendants and their assets.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs. 5,05,000/- (Rupees Five Lakhs Five Thousand only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joyson Iype. K
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Vedantha Constructions
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sri Arun C.M
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Ambili
- Relation
- Represented by
Plaintiffs Documents
Original Cheque bearing No. 163234, Fund Insufficient Memo, Office copy of the Legal Notice, Postal Receipts (5 Nos.), Acknowledgment Cards (5 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susan Roy Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover an amount of Rs. 5,05,000/- from the defendants.
Evidence:
Hence, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs. 5,05,000/- (Rupees Five Lakhs Five Thousand only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original Cheque bearing No. 163234 issued to the plaintiff in discharge of liability.
Reference:
Ext.A1
Document Type:
Fund Insufficient Memo
Submitted By:
Plaintiff
Relevance:
Document showing that 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 issued to the defendants demanding repayment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the legal notice sent to the defendants.
Reference:
Ext.A4 series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards from the defendants for legal notice.
Reference:
Ext.A5 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Joyson Iype. K vs M/s. Vedantha Constructions et al regarding realisation of money
Case Code Year
Case between Joyson Iype. K vs M/s. Vedantha Constructions et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour