Case Summary
The case involves Kurian Zachariah, Blessy Kurian, Roann Flora Kurian, and Biann Sara Kurian as plaintiffs against Aji Chandran. The plaintiffs seek to recover a loan amount of ₹5,00,000 that was not repaid by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹5,00,000 together with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, entitling them to recover ₹5,00,000 along with interest from the defendant.
Why Plaintiff Won:
The plaintiff successfully proved his case with sufficient evidence.
The plaintiff successfully proved his case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved his case with sufficient evidence.
The plaintiff successfully proved his case with sufficient evidence.
Supporting Evidence
By producing Exts.A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurian Zachariah
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Blessy Kurian
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Roann Flora Kurian
- Party Age
- 19
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Biann Sara Kurian
- Party Age
- 17
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Aji Chandran
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Cheque No.151082, Cheque No.151083, Cheque return memo, Office copy of Lawyer’s notice, Postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- H.Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.G. Baiju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Poornima. G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs.5,00,000/- together with interest.
Evidence:
The suit is decreed and the plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No.151082 dated 31/03/2021 for an amount of Rs.2,50,000/-.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No.151083 dated 31/03/2021 for an amount of Rs.2,50,000/-.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo dated 19/06/2021.
Reference:
Ext.A3
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer’s notice.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 13/07/2021.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Kurian Zachariah et al vs Aji Chandran regarding realisation of money.
Case Code Year
Case between Kurian Zachariah et al vs Aji Chandran regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour