Case Summary
The plaintiff, M/s Novelty Textiles, is seeking recovery of a debt from the defendants, M/s Biju Wedding Centre and its proprietor, due to unpaid dues amounting to Rs. 2,77,241. The case involves issues related to dishonored cheques and failure to settle accounts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay Rs. 2,77,241 with 12% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs. 2,77,241 along with interest and costs.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
The plaintiff provided unchallenged evidence that proved their claims regarding the unpaid dues and dishonored cheque.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 2,77,241/- (Rupees Two Lakh Seventy Seven Thousand Two Hundred and Forty One Only) with 12 % interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Novelty Textiles
- Relation
- represented by the Managing Director through its Power of Attorney Holder, Vinesh R
- Party Role
- Defendant
- Party Name
- M/s Biju Wedding Centre
- Relation
- represented by its Proprietor Biju
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 42
- Relation
- S/o Asokan
Plaintiffs Documents
Certified true copies of the Resolution, Account statement, Original cheque issued, Dishonour Memo, Lawyer notice, Postal receipts, A/d card of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Akhilasree Bhaskaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alexander Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's request for recovery of ₹2,77,241/- with interest was granted, except for the interest part, which was allowed reasonably.
Evidence:
The suit is decreed directing the defendant to pay an amount of 2,77,241/- (Rupees Two Lakh Seventy Seven Thousand Two Hundred Forty One Only) with 12 % interest per annum from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
The plaintiff claimed future interest at 18% per annum, which was not fully granted.
Evidence:
The present claim is restricted to the period commencing from 15.12.2022.
Documents & Evidence
Document Type:
Certified true copies of the Resolution passed at the meeting of the Board of Directors of Novelty Clothing Pvt Ltd.
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim by establishing the company's authority and decisions.
Reference:
Ext.A1
Document Type:
Account statement of the defendant from 17/09/19 to 05/12/22
Submitted By:
Plaintiff
Relevance:
This document provides a detailed record of the transactions and outstanding balances between the parties.
Reference:
Ext.A2
Document Type:
Original cheque issued by the Federal Bank, Thalayolaparambu Branch
Submitted By:
Plaintiff
Relevance:
This document is crucial as it demonstrates the cheque issued by the defendant for the claimed amount.
Reference:
Ext.A3
Document Type:
Dishonour Memo issued by South Indian Bank, Ernakulam Market road Branch
Submitted By:
Plaintiff
Relevance:
This document confirms that the cheque was dishonored, supporting the plaintiff's claim of non-payment.
Reference:
Ext.A4
Document Type:
Lawyer notice issued to the defendants
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the plaintiff formally demanded payment from the defendants.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document acts as proof of the dispatch of legal communications to the defendants.
Reference:
Ext.A6
Document Type:
A/d card of the lawyer notice issued to the 1st defendant
Submitted By:
Plaintiff
Relevance:
This document provides evidence of receipt of legal notice by the first defendant.
Reference:
Ext.A7
Document Type:
A/d card of the lawyer notice issued to the 2nd defendant
Submitted By:
Plaintiff
Relevance:
This document provides evidence of receipt of legal notice by the second defendant.
Reference:
Ext.A8
Document Type:
Original of the power of attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the Managing Director to represent the plaintiff, verifying standing in court.
Reference:
Ext.A9
Document Type:
Certified copy of the account statement of the defendant from 17.09.19 to 05.12.22 along with certificate under section 65B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
This document is a verified account statement, crucial for evidencing the transactions.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s Novelty Textiles vs M/s Biju Wedding Centre et al regarding recovery of money.
Case Code Year
Case between M/s Novelty Textiles vs M/s Biju Wedding Centre et al regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act