Case Summary
Miras sweets, represented by Mohammed Saheed and others, filed a suit against Ahammed Fuzail for failing to supply materials after receiving payment. The suit seeks recovery of a sum of 2,07,550/- with interest for the dishonor of a cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay 2,07,550/- with interest at the rate of 9% per annum until realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, ordering the defendant to pay the amount of 2,07,550/- along with interest. The plaintiffs are also entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The evidence clearly established that the defendant owes the money to the plaintiffs.
The evidence clearly established that the defendant owes the money to the plaintiffs.
Losing Side's Weaknesses:
The evidence clearly established that the defendant owes the money to the plaintiffs.
The evidence clearly established that the defendant owes the money to the plaintiffs.
Supporting Evidence
It is clear from the evidence on record that the defendant owes an amount of 2,07,550/- to the plaintiffs.
Judgment Evidence:
Hence, I am of the opinion that a decree is to be passed in favour of the plaintiffs. The defendant is directed to pay to the plaintiffs, an amount of 2,07,550/- with interest at the rate of 9% per annum (simple interest) from the date of institution of the suit, till its realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Miras sweets
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mohammed Saheed
- Party Age
- 33
- Relation
- S/o. Late Asharaf
- Party Role
- Plaintiff
- Party Name
- Mrs. Sekkeena V.S.M
- Party Age
- 56
- Relation
- W/o. Late Asharaf
- Party Role
- Defendant
- Party Name
- Ahammed Fuzail
- Party Age
- 34
Plaintiffs Documents
Deed of Partnership, Cheque bearing No. 000084, Cheque Return Memo, Office copy of Legal Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. M Haris
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.A Rasheed
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sabitha C. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs sought recovery of the amount paid to the defendant.
Evidence:
The suit is decreed as follows: I.The defendant is directed to pay to the plaintiffs, an amount of 2,07,550/- (Rupees Two Lakhs Seven Thousand Five Hundred and Fifty only) with interest at the rate of 9% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiffs are entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Deed of Partnership
Submitted By:
Plaintiff
Relevance:
Proves the existence of the plaintiff partnership firm.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Represents the payment from the defendant to the plaintiffs.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Confirms that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A3
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiffs notified the defendant about the dishonoured cheque.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the dispatch of communication related to the legal notice.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Miras sweets vs Ahammed Fuzail regarding realisation of money
Case Code Year
Case between Miras sweets vs Ahammed Fuzail regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act