Case Summary
M/s. Durocoat Paints Pvt Ltd., represented by its Managing Director, Sushil V. Antony, is pursuing a suit against Sapna Cherian for the realization of a debt. The defendant issued a cheque that was dishonoured, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs. 1,53,960/- along with interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the amount due along with interest and costs from the defendant.
Why Plaintiff Won:
The unrebutted oral testimony and evidence established the plaintiff's claim.
The unrebutted oral testimony and evidence established the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence established the plaintiff's claim.
The unrebutted oral testimony and evidence established the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A4 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs. 1,53,960/- (Rupees One lakh fifty three thousand nine hundred and sixty) from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Durocoat Paints Pvt Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sapna Cherian @ Swapna Cherian
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Original cheque No.027962 drawn on Federal Bank Ltd, for Rs.1,53,960/-, Original cheque dishonour memo, Copy of Lawyer notice, Original Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Prem
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 1,53,960 from the defendant.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize Rs. 1,53,960 from the defendant and from her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 12% per annum from the date of suit until the date of decree.
Evidence:
2. Plaintiff is entitled to realize interest @ 12% per annum for Rs. 1,53,960 from the date of suit till date decree from the defendant and from her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of decree until realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs. 1,53,960 from date of decree till date of realization from the defendant and from her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant for the amount due to the plaintiff and was marked as evidence.
Reference:
Ext.A1
Document Type:
Original cheque dishonour memo
Submitted By:
Plaintiff
Relevance:
This document confirmed the dishonour of the defendant's cheque when presented.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card was used to confirm receipt of the lawyer's notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between M/s. Durocoat Paints Pvt Ltd. vs Sapna Cherian @ Swapna Cherian regarding Realization Of Money
Case Code Year
Case between M/s. Durocoat Paints Pvt Ltd. vs Sapna Cherian @ Swapna Cherian regarding Realization Of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour