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
Why Plaintiff Won:
The Defendant failed to prove payment of the disputed amount.
The Defendant failed to prove payment of the disputed amount.
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
Plaintiffs
Maniamkot Advertising India Pvt Ld. (53 years)
HIG 27 Panampally nagar, Cochin - 682 036
Defendants
Nadarajan (null years)
62/2312 Kollatheri Shopping complex, 2ⁿᵈ floor, Chittoor road, Valanjabalam, Kochi - 16
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