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
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
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.
Why Plaintiff Won:
The evidence of the plaintiff is uncontested and clearly substantiates the claim.
The evidence of the plaintiff is uncontested and clearly substantiates the claim.
Losing Side's Weaknesses:
The evidence of the plaintiff is uncontested and clearly substantiates the claim.
The evidence of the plaintiff is uncontested and clearly substantiates the claim.
Supporting Evidence
From the evidence of the plaintiff, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1. I am of the opinion that the plaintiff is entitled to decree in his favour.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Babu T.R
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Sathya Krishnakumar
- Party Age
- 57
- Relation
- W/o
Plaintiffs Documents
Cheque bearing No. 015551, Cheque Return Memo, True copy of Lawyer Notice, Postal Acknowledgment Card
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose P Joseph
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Loan agreement
Case Code
Case between Mr. Babu T.R vs Smt. Sathya Krishnakumar regarding realisation of money
Case Code Year
Case between Mr. Babu T.R vs Smt. Sathya Krishnakumar regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act