Case Summary
The plaintiff, a partnership firm, sought recovery of dues from the defendants regarding a hire-purchase agreement for a vehicle. The defendants defaulted on payments, leading the plaintiff to initiate legal action for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹2,03,000 together with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering both defendants to pay a total of ₹2,03,000 along with interest to the plaintiff. This amount represents the outstanding dues under the hire-purchase agreement.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and established the defendants' liability under the hire-purchase agreement.
The evidence presented by the plaintiff was unchallenged and established the defendants' liability under the hire-purchase agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 and documents marked as Ext. A1 to A8 proves the case of the plaintiff, thereby, the liability of the defendants towards the plaintiff firm stands proved.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹2,03,000 together with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Global Capital Credit Perumbavoor
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Bibin P Chandran
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Vilasini Chandran
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Photocopy of partnership deed, Vehicle loan agreement, Cheque for ₹1,90,000 dated 27/07/23, Cheque return memo, Office copy of the lawyer notice, Postal receipt, A/d card, Copy of complaint in S.T 766/2023 of JFCM-I, Perumbavoor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju D Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of the outstanding amount due under the hire-purchase agreement.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹1,59,900/-, 2,03,000/- together with interest at the rate of 6% per annum from the date of the suit till the date of realisation, and the costs of the suit.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of partnership deed proving the plaintiff's authority to represent the firm.
Reference:
Ext.A1
Document Type:
Vehicle Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement for the vehicle in question.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the second defendant acknowledging the outstanding liability.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo confirming the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding payment after the cheque was dishonoured.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the lawyer's notice.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the notice by the second defendant.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed in the pending case regarding the dishonoured cheque.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act