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
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.
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
Plaintiffs
M/s. Prabhath Marketing & Trading Company (Age not specified years)
Kesiya Towers, Market Road (North End), Ernakulam, Kochi 682018
Defendants
M/s. National Agencies (Age not specified years)
Puthupadi P.O, Muvattupuzha 686673
Mr. Rameez (Age not specified years)
Polickakudiyil House, Puthupadi P.O, Muvattupuzha 686673
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