Case Summary
The plaintiff, Khalid, is seeking the recovery of Rs. 7,00,000 from the defendants, Nassar M.S and Safeer M.N, due to non-repayment of borrowed money. The defendants failed to appear in court, leading to the plaintiff's evidence being accepted uncontested.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 7,00,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay Rs. 7,00,000 along with interest. If the defendants fail to pay, the plaintiff may recover the amount from the defendants' assets.
Why Plaintiff Won:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 7,00,000/- (Rupees seven lakhs only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Khalid
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nassar M.S
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safeer M.N
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Agreement dated 21.05.2024, Cheque bearing No. 000001, Cheque bearing No. 000003, Cheque dishonour Memo dated 10.12.2024
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajmal V. A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima V. A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arfana A. C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 7,00,000/- with interest.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendants, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document pertains to the agreement for the money borrowed by the defendants from the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was given by the defendants as part of the repayment for the borrowed amount.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was also given by the defendants as part of the repayment for the borrowed amount.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo pertains to the dishonour of one of the cheques issued for repayment.
Reference:
Ext.A4
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo pertains to the dishonour of another cheque issued for repayment.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Khalid vs Nassar M.S et al regarding realisation of money
Case Code Year
Case between Khalid vs Nassar M.S et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour