Case Summary
Plaintiff K.Balan filed suit against defendant Promod.P.T. seeking realization of Rs.1,50,000/- borrowed through a cheque which was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.1,59,100/- with 6% interest and costs
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff K.Balan allowing him to realize Rs.1,59,100/- with 6% interest per annum from the defendant and awarded the costs of the suit.
Why Plaintiff Won:
Plaintiff proved the case by adducing cogent and reliable evidence.
Plaintiff proved the case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved the case by adducing cogent and reliable evidence.
Plaintiff proved the case by adducing cogent and reliable evidence.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff. So, the plaintiff has proved his case by adducing cogent and reliable evidence and the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:-
1. Plaintiff is allowed to realise an amount of Rs.1,59,100/-(Rupees One Lakh Fifty Nine Thousand and One Hundred only) with interest at the rate of 6% per annum from the date of suit till realisation from the defendant and his assets.
2. Plaintiff is entitled to realise the costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Balan
- Party Age
- 56
- Relation
- S/o Aramughan
- Party Role
- Defendant
- Party Name
- Promod.P.T.
- Party Age
- 45
- Relation
- S/o Raman Ezhuthachan
Plaintiffs Documents
Cheque dated 16.2.2015, Memo dated 18.4.2015, Copy of Lawyer Notice dated 25-4-2015, Acknowledgment Card
Defendants Documents
Not Applicable
Advocates
Reliefs
Relief Type:
Realization of Money
Outcome:
Granted
Description:
Plaintiff allowed to realize Rs.1,59,100/- with 6% interest and costs
Evidence:
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff. So, the plaintiff has proved his case by adducing cogent and reliable evidence.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as Exhibit A1, bearing No.326678 for Rs.1,50,000/-
Reference:
A1
Document Type:
Bank Memo
Submitted By:
Plaintiff
Relevance:
Memo dated 18.4.2015 issued by Federal bank, Kuttipuram branch.
Reference:
A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice dated 25-4-2015.
Reference:
A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card evidencing receipt of lawyer notice by the defendant on 27.4.2015.
Reference:
A4
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan agreement through cheque
Case Code
Case between K.Balan vs Promod.P.T. regarding cheque dishonour for money realization
Case Code Year
Case between K.Balan vs Promod.P.T. regarding cheque dishonour for money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour