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Original Suit No. 20 OF 2017

Case between K.Sethumadhavan vs T.P.Biju regarding cheque amount recovery

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-10-07
Duration
3 days
Case Closed
Sat, 10/07/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff filed a suit against the defendant to recover a cheque amount of Rs. 3,50,000/- with interest, as the defendant failed to repay the loan.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff directing the defendant to pay Rs. 3,50,000/- with interest at 12% per annum from 10-10-2016.
Judgment Favored
Plaintiff
Relief Granted
Realisation of money with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff directing the defendant to pay Rs. 3,50,000/- with interest at 12% per annum from 10-10-2016.
Why Plaintiff Won:
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
Losing Side's Weaknesses:
The plaintiff proved the case with cogent and reliable evidence including the cheque, lawyer notice, postal receipts, and bank memo.
Supporting Evidence
According to PW1, the plaintiff and defendant were acquainted. The defendant approached the plaintiff for a loan. The plaintiff paid the amount but the defendant failed to repay. The plaintiff is entitled to realize the cheque amount.

Judgment Evidence:

Plaintiff has proved his case by adducing cogent and reliable evidence.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.Sethumadhavan
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
T.P.Biju
Party Age
35
Relation
S/o
Plaintiffs Documents
10-10-2016 - Cheque bearing No. 79003, Federal Bank, Tirur Branch, 27-10-2016 - Copy of Lawyer notice, 27-10-2016 - Postal receipt, 31-10-2016 - Postal acknowledgement card, 17-10-2016 - Bank memo
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.A.Ismail
Appearance Type
Main Counsel

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Realisation of money with interest
Evidence:
Plaintiff has proved his case by adducing cogent and reliable evidence.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Proof of cheque issued by the defendant
Reference:
10-10-2016 - Cheque bearing No. 79003, Federal Bank, Tirur Branch
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendant for repayment
Reference:
27-10-2016 - Copy of Lawyer notice
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of communication with defendant
Reference:
27-10-2016 - Postal receipt
Document Type: Postal Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of communication sent to defendant
Reference:
31-10-2016 - Postal acknowledgement card
Document Type: Bank Memo
Submitted By: Plaintiff
Relevance:
Bank's record of the cheque bounce
Reference:
17-10-2016 - Bank memo

Case Classification

Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan agreement
Case Code
Case between K.Sethumadhavan vs T.P.Biju regarding cheque amount recovery
Case Code Year
Case between K.Sethumadhavan vs T.P.Biju regarding cheque amount recovery

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 10/03/2017 - 12:00
Case Closed
Sat, 10/07/2017 - 12:00
From
Sun, 10/01/2017 - 12:00
To
Tue, 10/31/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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