Case Summary
The case involves M/s Life Care Diagnostics, a firm distributing laboratory equipment, seeking recovery of Rs.40,000 from Arun S B, a regular customer who failed to pay for materials delivered on credit. The defendant issued cheques that bounced due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.40,000 with interest at the rate of 6% from the date of suit till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of Rs.40,000 along with interest at 6% from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for.
The plaintiff established its case warranting the grant of relief sought for.
Supporting Evidence
The plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.40,000 together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Life Care Diagnostics
- Party Role
- Defendant
- Party Name
- Arun S B
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 264083, Original Cheque No. 264084, Return Memo, Copy of Legal Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G S Rajeev Chempakassery
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover Rs.40,000/- with interest.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.40,000/- (Rupees Forty thousand only) together with interest at the rate of 6% from the date of suit till realisation and cost of the suit from the defendant.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The court used this document as evidence of the debt owed by the defendant.
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The court used this document as evidence of the debt owed by the defendant.
Reference:
Ext.A2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The court referenced this memo to establish that the cheques were dishonored.
Reference:
Ext.A3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The court referenced this memo to establish that the cheques were dishonored.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The court mentioned this document as part of the plaintiff's demands for payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The court used this document as evidence of the plaintiff's communication efforts.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The court referenced this document as proof of communication with the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between M/s Life Care Diagnostics vs Arun S B regarding recovery of money
Case Code Year
Case between M/s Life Care Diagnostics vs Arun S B regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act