Case Summary
Plaintiff, a partnership firm, sought repayment of a vehicle loan amount after defendant issued a cheque that bounced due to insufficient funds. Despite multiple notices, defendant failed to pay the amount, leading to the plaintiff filing a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.69,200 with interest at 6% per annum and costs
Case Type
Civil Suit - Money Recovery
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
Losing Side's Weaknesses:
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged, leading to the court's decision in favor of the plaintiff.
Judgment Evidence:
The plaintiff adduced cogent and reliable evidence, including the bounced cheque, return memo from the bank, lawyer notice, and postal acknowledgment, which remained unchallenged due to the defendant's absence.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Bharathi Auto Finance
- Relation
- Managing Partner
- Party Role
- Plaintiff
- Party Name
- R. Rajamani
- Party Age
- 41
- Relation
- S/o. Ramaswami
- Party Role
- Defendant
- Party Name
- Tharayamkandathil Shaji
- Relation
- S/o. Hassan
Plaintiffs Documents
Cheque of State Bank of India for Rs.65,000, Cheque return memo, Copy of Lawyer Notice, Postal Acknowledgement Card
Defendants Documents
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recovery of Rs.69,200 with interest at 6% per annum and costs
Evidence:
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Demonstrated the loan repayment amount and subsequent dishonor
Reference:
A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Provided proof of the cheque being returned due to insufficient funds
Reference:
A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the defendant of the dishonored cheque and requested repayment
Reference:
A3
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidenced the defendant's acknowledgment of the lawyer notice
Reference:
A4
Case Classification
Case Type
Category
Money and Loan Recovery
District
State
Court Establishment
Common Reasons
Case Code
Case between M/s. Bharathi Auto Finance vs Tharayamkandathil Shaji regarding money realization
Case Code Year
Case between M/s. Bharathi Auto Finance vs Tharayamkandathil Shaji regarding money realization