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
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.
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
Plaintiffs
Miras sweets (Age not specified years)
Karukappilly House, Karukappilly Lane, Elamakkara, Kochi – 26
Mohammed Saheed (33 years years)
Karukappilly House, Karukappilly Lane, Elamakkara, Kochi - 26
Mrs. Sekkeena V.S.M (56 years years)
Karukappilly House, Karukappilly Lane, Elamakkara, Kochi - 26
Defendants
Ahammed Fuzail (34 years years)
Telephone Exchange Road, Near Head Post Office, Erezha, Sea View Ward, Alappuzha Dt., Pin – 688 012
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