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O.S No. 978/2022

Case between Mr. Babu T.R vs Smt. Sathya Krishnakumar regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-07-29
Duration
approximately-2 years 10 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Mr. Babu T.R, lent ₹3 lakh to the defendant, Smt. Sathya Krishnakumar, for personal reasons but was not repaid. The defendant issued a cheque which was returned due to insufficient funds, prompting the plaintiff to file a suit for recovery.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to repay ₹3 lakh with interest. The court also granted costs to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of ₹3,00,000/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence of the plaintiff is uncontested and clearly substantiates the claim.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 3,00,000/- (Rupees three lakhs only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or her assets.

Parties Involved

Plaintiffs

Mr. Babu T.R (58 years) STAR HOME Nursing Service, Aryankavu, Kulayettikkara P.O, Thekkumkattil H, Keechery Village & desam, Kulayettikkara P.O, Kanayannoor Taluk, PIN 682 317, Ernakulam District.

Defendants

Smt. Sathya Krishnakumar (57 years) AMMA Home Nursing, North Fort Gate, Tripunithura, Ernakulam District, PIN 682 301, Pattancheriyil (Sathyasadanam) H, IPRWA 32, Nadama Village, Kanayannoor Taluk, Poonithura, PIN 682 038, Ernakulam District.

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay the plaintiff an amount of ₹3,00,000 with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 3,00,000/- (Rupees three lakhs only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or her assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This cheque was issued by the defendant as part of the loan agreement for the borrowed sum.
Reference:
Ext.A1
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This document indicates the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type: True copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued to the defendant demanding repayment of the bounced cheque.
Reference:
Ext.A3
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This document serves as proof that the defendant accepted the notice.
Reference:
Ext.A4

Quick Facts

Location
Ernakulam
Case Filed
Tue, 07/19/2022 - 12:00
Outcome Confidence
90%

Involved Entities

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