Case Summary
The plaintiffs, a partnership firm and its partners, are suing the defendants for unpaid debts from grocery items purchased. The defendants issued cheques that were dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are hereby directed to pay the amount of Rs. 63,349/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay a total of Rs. 63,349 with interest.
Why Plaintiff Won:
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
Losing Side's Weaknesses:
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
The evidence provided by the plaintiffs was unchallenged and sufficient to prove the defendants' liability.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A13 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 hereby directed to pay the amount of Rs. 63,349/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Nambiattududy Modern Rice Mill
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Antony N. P.
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Treesa George
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Asif Stores
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nissar
- Relation
- S/o
Plaintiffs Documents
Partnership deed dated 14-01-2021, Invoice No. 2095, various cheques and return memos, lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A R Bijoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma Ramesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikhitha E Wilson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recovery of the amount due along with interest.
Evidence:
The defendants are hereby directed to pay the amount of Rs. 63,349/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Proves the sale of goods to the defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant towards payment, which was dishonoured.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the first cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendant which was also dishonoured.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the second cheque was returned due to insufficient funds.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Further cheque issued by the defendant that was presented for payment.
Reference:
Ext.A6
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the third cheque was returned due to discrepancies.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendants regarding the payment.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of communication with the defendants.
Reference:
Ext.A9 series
Document Type:
Postal A/d Cards
Submitted By:
Plaintiff
Relevance:
Related to communication sent to the defendants.
Reference:
Ext.A10 series
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Relates to the envelope containing notice sent to the defendant.
Reference:
Ext.A11
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legal formation of the plaintiff firm.
Reference:
Ext.A12
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Documents the decision or authority of the firm regarding this case.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Cheque dishonour
Case Code
Case between M/s. Nambiattududy Modern Rice Mill et al vs M/s. Asif Stores et al regarding money
Case Code Year
Case between M/s. Nambiattududy Modern Rice Mill et al vs M/s. Asif Stores et al regarding money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act