Case Summary
A registered partnership firm filed a suit against the defendant for cheque dishonour of Rs. 65,000 repayment towards a vehicle loan availed by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs. 69,200 with interest and costs
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the realization of Rs. 69,200 along with 6% interest per annum and costs from the defendant.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
Supporting Evidence
The plaintiff filed affidavit in lieu of examination in chief reiterating the averments in the plaint. Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is allowed to realise an amount of Rs.69,200/- with interest at the rate of 6% per annum from the date of suit till realisation from the defendant and his assets. 2. The plaintiff is allowed to realise the cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Bharathi Auto Finance
- Relation
- Represented by Managing Partner R.Rajamani
- Party Role
- Defendant
- Party Name
- Tharayamkandathil Shaji
- Relation
- S/o. Hassan
Plaintiffs Documents
11-09-2013 Cheque of State Bank of India for Rs.65,000, 21-10-2013 Cheque return memo, 24-10-2013 Copy of Lawyer Notice, 25-10-2013 Postal Acknowledgement Card
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Prakash Prabhakaran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Debt Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize Rs.69,200 with interest and costs
Evidence:
The plaintiff provided cogent and reliable evidence to prove the dishonour of the cheque and the defendant's failure to pay.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of cheque issued by the defendant
Reference:
11-09-2013 Cheque of State Bank of India for Rs.65,000/-
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Proof of cheque dishonour due to insufficient funds
Reference:
21-10-2013
Document Type:
Lawyer Notice Copy
Submitted By:
Plaintiff
Relevance:
Notice to defendant regarding dishonoured cheque
Reference:
24-10-2013
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidence of defendant receiving the notice
Reference:
25-10-2013
Case Classification
Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Cheque dishonour
Case Code
Case between M/s. Bharathi Auto Finance vs Tharayamkandathil Shaji regarding cheque dishonour
Case Code Year
Case between M/s. Bharathi Auto Finance vs Tharayamkandathil Shaji regarding cheque dishonour
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour