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
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.
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
Plaintiffs
M/s. Durocoat Paints Pvt Ltd. (Age not specified years)
704A & B, Factory No.112, Industrial Area, Edayar, Muppathadam, Pin683 110, Ernakulam District
Defendants
Sapna Cherian @ Swapna Cherian (45 years)
SP II, 1223/241A, Elampalloor House, TNRA 41, Temple Nagar, Sakthikulangara, Kollam691 581
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