Case Summary
The plaintiff, M/s. Prabhath Marketing & Trading Company, is suing the defendant, M/s. National Agencies, for the recovery of an amount due from a dishonored cheque. The plaintiff claims that the defendant owes Rs.43,290 with interest after the cheque issued was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs. 43,290 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The plaintiff was allowed to recover Rs.43,290 along with interest from the defendants. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The court found that the cheque was issued in discharge of a debt, which was not disproven by the defendants.
The court found that the cheque was issued in discharge of a debt, which was not disproven by the defendants.
Losing Side's Weaknesses:
The court found that the cheque was issued in discharge of a debt, which was not disproven by the defendants.
The court found that the cheque was issued in discharge of a debt, which was not disproven by the defendants.
Supporting Evidence
The issuance of Ext.A1 cheque leaf is admitted by DW1 and had not adduced any evidence to show that it was not issued in discharge of a debt.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs. 43,290 (Rupees Forty Three thousand Two hundred and Ninety only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Prabhath Marketing & Trading Company
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. National Agencies
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Rameez
- Relation
- S/o
Plaintiffs Documents
Original cheque for Rs. 43,290 bearing No. 009006, True copy of the lawyer notice, Postal acknowledgment cards, True copy of invoice No. 616, True copy of the ledger account details, Authorization letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.A Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneesh K.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs. 43,290 along with interest from the defendants
Evidence:
The plaintiff company is allowed to recover Rs. 43,290 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff company is entitled to get the costs of the suit from the defendants
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque for Rs. 43,290 bearing No. 009006 issued in discharge of liability
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice issued to the defendant demanding the amount covered by the cheque
Reference:
Ext.A2
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment cards confirming receipt of the lawyer notice
Reference:
Ext.A3
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
True copy of invoice No. 616 related to the supply of goods
Reference:
Ext.A4
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
True copy of the ledger account details related to transactions with the defendant
Reference:
Ext.A5
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter validating the representation of the plaintiff by the manager
Reference:
Ext.A6
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. Prabhath Marketing & Trading Company vs M/s. National Agencies regarding realisation of money.
Case Code Year
Case between M/s. Prabhath Marketing & Trading Company vs M/s. National Agencies regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act