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O.S. No. 224/2023

Case between Midhun Mohan.A vs Cherian Mathew et al regarding realization of money.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-06-13
Duration
approximately-2 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Midhun Mohan.A is the plaintiff who filed a suit against Cherian Mathew and M/S Izzet Realtors for the realization of money after a failed property transaction. The plaintiff paid substantial sums based on misleading promises regarding a villa project but faced issues with the defendants delivering the promised services.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants shall pay a total of Rs.6,53,600/- along with interest to the plaintiff due to the dishonor of a cheque issued. They are also liable for the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,53,600/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants shall pay a total of Rs.6,53,600/- along with interest to the plaintiff due to the dishonor of a cheque issued. They are also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff established a clear case based on the evidence of payment and the failure of the defendants to fulfill their contractual obligations.
Losing Side's Weaknesses:
Not available
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,53,600/- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: Defendants shall pay Rs.6,53,600/- (Rupees Six lakhs fifty three thousand six hundred only) along with interest @12% per annum for the principal amount of Rs.5,60,000/- from 02.03.2023 till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Midhun Mohan.A
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Cherian Mathew
Party Age
29
Relation
S/o
Party Role
Defendant
Party Name
M/S Izzet Realtors
Relation
represented by its Proprietor, Mr. Cheriyan Mathew
Plaintiffs Documents
Plot layout of the proposed Villa project, 18.11.2021 Sale agreement executed between plaintiff and first defendant, Cheque bearing No.071186 drawn on Axis Bank Ltd, Vennala branch, Cheque return memo with respect to cheque No.071186, Copy of legal notice issued to D1, Copy of legal notice issued to D2, Postal receipt for legal notice issued to D1, Postal receipt for legal notice issued to D2, Returned Envelope with AD Card, Returned Acknowledgment Card signed by D1.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Karthika
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Santhosh Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Veena Raveendran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abi Benny Areeckal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Diana Laurence Paul
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aneeta Mary Saji
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.6,53,600/- from the defendants.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,53,600/- (Rupees Six lakhs fifty three thousand six hundred only) along with interest @12% per annum for the principal amount of Rs.5,60,000/-.
Relief Type: Interest
Outcome: Granted
Description:
Interest granted at the rate of 12% per annum from a specified date.
Evidence:
Defendants are directed to pay interest at the rate of 12% per annum for the principal amount of Rs.5,60,000/- from 02.03.2023 till the date of decree.
Relief Type: Cost Recovery
Outcome: Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Document showing the agreement executed between the plaintiff and first defendant.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the first defendant to the plaintiff which was later dishonored.
Reference:
Ext.A3
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Memo relating to the returned cheque, confirming it was dishonored.
Reference:
Ext.A4
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the first defendant demanding payment after the dishonored cheque.
Reference:
Ext.A5
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the second defendant regarding the outstanding payment.
Reference:
Ext.A6
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt for the legal notice sent to the first defendant.
Reference:
Ext.A7
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt for the legal notice sent to the second defendant.
Reference:
Ext.A8
Document Type: Returned Envelope
Submitted By: Plaintiff
Relevance:
Envelope returned with acknowledgment card as evidence of the legal notice sent.
Reference:
Ext.A9
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment card signed by the first defendant confirming receipt of the legal notice.
Reference:
Ext.A10

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 Midhun Mohan.A vs Cherian Mathew et al regarding realization of money.
Case Code Year
Case between Midhun Mohan.A vs Cherian Mathew et al regarding realization of money.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 11/08/2021 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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