Case Summary
The plaintiff, M/s. Bindu.T.K., claims that the defendant, Mr. Thomas Varghese, borrowed money from her and failed to repay it. The plaintiff seeks to recover a total of Rs. 4,85,000 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs. 4,85,000 with interest @ 12% per annum from the date of suit till decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff succeeded in establishing her case through evidence showing the defendant borrowed money and issued a cheque towards repayment.
The plaintiff succeeded in establishing her case through evidence showing the defendant borrowed money and issued a cheque towards repayment.
Judgment Evidence:
In the result, suit is decreed on the following terms. Plaintiff is entitled to realize an amount of Rs.4,85,000 with interest @ 12% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.
Parties Involved
Plaintiffs
M/s. Bindu.T.K. (38 years)
Sanjeevani, Ganga Nagar, Edappally North Village, Kanayannur Taluk, Ernakulam, Pin – 682 024
Defendants
Mr. Thomas Varghese (Age not specified years)
Kuriannathu House, Kurattikadu, Mannar.P.O., Mannar Village, Chengannur Taluk, Alappuzha, Pin – 689 622
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.4,85,000 with interest.
Evidence:
Accordingly, I am satisfied that plaintiff is entitled for a presumption that Ext.A1 is issued towards a legally enforceable debt to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the proceedings from the defendant.
Evidence:
she is also entitled for the costs of the proceedings from defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A1 is a cheque for Rs.4,85,000 issued by the defendant towards repayment.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Ext.A2 is a memo stating the dishonour of Ext.A1 cheque due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is a notice sent to the defendant demanding payment after the cheque was dishonoured.
Reference:
Ext.A3
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Ext.A4 is an acknowledgment card evidencing the receipt of Ext.A3 notice by the defendant.
Reference:
Ext.A4
Document Type:
Transaction Receipt
Submitted By:
Plaintiff
Relevance:
Ext.A5 is a transaction receipt from Manappuram Finance for Rs.49,999 showing funds transferred to the defendant.
Reference:
Ext.A5
Document Type:
Transaction Receipt
Submitted By:
Plaintiff
Relevance:
Ext.A6 is a transaction receipt from Manappuram Finance for Rs.35,000 showing funds transferred to the defendant.
Reference:
Ext.A6
Document Type:
Counter Foil Slip
Submitted By:
Plaintiff
Relevance:
Ext.A7 is a counter foil slip of Federal Bank for Rs.2,00,000 showing funds transferred to the defendant.
Reference:
Ext.A7
Document Type:
Counter Foil Slip
Submitted By:
Plaintiff
Relevance:
Ext.A8 is another counter foil slip of Federal Bank for Rs.2,00,000 showing more funds transferred to the defendant.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Ext.A9 is an account statement of the plaintiff from Federal Bank showing transaction history.
Reference:
Ext.A9
Document Type:
Loan Statement
Submitted By:
Plaintiff
Relevance:
Ext.A10 is a loan statement from Manappuram Finance indicating funds borrowed by the plaintiff.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
The case includes oral evidence from witnesses PW1 to PW3.
Reference: