Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No.497/2021

Case between M/s. Durocoat Paints Pvt Ltd. vs Sapna Cherian @ Swapna Cherian regarding Realization Of Money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-06-18
Duration
approximately-3 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, allowing them to recover the amount due along with interest and costs from the defendant.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 06/18/2021 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Similar Cases

Case between Miras sweets vs Ahammed Fuzail regarding realisation of money
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Buhuleyan V.V vs Shaji P.S regarding loan recovery
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Anil Philip vs C.O. Augustine regarding recovery of money
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between P.N Parameswaran Pillai vs P.A Sreejith regarding Suit For Realization of Money.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Saju Bhaskaran vs Ebin Simon regarding realization of money
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won