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
The court decreed that the plaintiff is entitled to recover Rs. 4,85,000 from the defendant along with interest. The plaintiff also receives costs of the proceedings.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
A conjoint reading of Exts.A1 to Ext.A10 and defendant not mounting the box would fortify the case of plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Bindu.T.K.
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Thomas Varghese
- Relation
- S/o
Plaintiffs Documents
Original Cheque bearing No. 135766 for Rs. 4,85,000, dishonor memo, notice sent to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.M. Binitha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Pramod. J.Dev
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Bindu.T.K. vs Mr. Thomas Varghese regarding realization of money
Case Code Year
Case between M/s. Bindu.T.K. vs Mr. Thomas Varghese regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act