Case Summary
The Plaintiff, Maniamkot Advertising India Pvt Ltd., is engaged in advertising and alleges that the Defendant, Nadarajan, owes them sums for published advertisements due to dishonoured cheques. The Defendant denies any outstanding liabilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹90,287/- with interest at the rate of 12% per annum from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part with an order for the Defendant to pay ₹90,287/- to the Plaintiff along with interest. The Plaintiff shall also be entitled to costs of litigation.
Why Plaintiff Won:
The Defendant failed to prove payment of the disputed amount.
The Defendant failed to prove payment of the disputed amount.
Losing Side's Weaknesses:
The Defendant failed to prove payment of the disputed amount.
The Defendant failed to prove payment of the disputed amount.
Supporting Evidence
The defendant has failed to prove that he has paid ₹ 50,000 to the plaintiff and that Exhibit B2 voucher was issued on behalf of the plaintiff as a receipt for the said payment.
Judgment Evidence:
In the result, the suit is decreed in part as follows. a. The defendant shall pay ₹ ₹90,287/- with interest at the rate of 12% per annum from the date of the suit the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maniamkot Advertising India Pvt Ld.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nadarajan
Plaintiffs Documents
True copy of the Resolution, Original cheque bearing no. 417369 of Rs. 82,688/-, True copy of the Dishonour memo of ICICI Bank Ltd., Acknowledgment card, Copy of the lawyer notice issued to the defendant.
Defendants Documents
Release Order issued by the plaintiff bearing no. 2203, Payment receipt voucher acknowledging the payment of Rs. 50,000/- by cash, Certificate under Banker's Books Evidence Act, Statement of Account bearing A/c no. 09520400018715 issued by Bank of Baroda.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A.Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V.Jayadeep Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishapriya P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T.P.Ramesh Thegumpillil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jins P John
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff sought to recover an amount of ₹ 90,287 with interest.
Evidence:
The court finds it appropriate to grant interest @12% per annum from the date of the suit till date of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff sought costs for litigation.
Evidence:
Costs shall follow the event.
Documents & Evidence
Document Type:
True copy of the Resolution
Submitted By:
Plaintiff
Relevance:
This document authorizes the managing director to initiate legal proceedings on behalf of the plaintiff company.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant for payment to the plaintiff and was later returned dishonoured.
Reference:
Ext.A2
Document Type:
True copy of the Dishonour memo
Submitted By:
Plaintiff
Relevance:
Denotes the cheque's dishonour and serves as evidence supporting the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of the lawyer notice issued to the defendant for payment.
Reference:
Ext.A4
Document Type:
Copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant calling for payment with interest.
Reference:
Ext.A5
Document Type:
Release Order
Submitted By:
Defendant
Relevance:
This document may support the defendant's claims regarding payments made.
Reference:
Ext.B1
Document Type:
Payment receipt voucher
Submitted By:
Defendant
Relevance:
Acknowledges the payment of ₹ 50,000 made by the defendant towards the plaintiff.
Reference:
Ext.B2
Document Type:
Certificate under Banker's Books Evidence Act
Submitted By:
Defendant
Relevance:
This certificate is used to support the defendant's claims regarding payments.
Reference:
Ext.B3
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Provides account details intended to corroborate the defendant's financial transactions.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Maniamkot Advertising India Pvt Ld., et al vs Nadarajan regarding Suit for realisation of money.
Case Code Year
Case between Maniamkot Advertising India Pvt Ld., et al vs Nadarajan regarding Suit for realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act