Case Summary
M/s. Skyline Systems and Services is a partnership firm that is suing Mr. Sarin Mohammed for the recovery of a debt. The defendant purchased goods but failed to pay the outstanding amount after a cheque was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,47,600/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover a total of Rs.2,47,600 from the defendant along with interest and costs. The court found that the defendant did not contest the claims.
Why Plaintiff Won:
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
Losing Side's Weaknesses:
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
The plaintiff established the case through reliable evidence and testimony without any counter evidence from the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A7 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize an amount of Rs.2,47,600/- ...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Skyline Systems and Services
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Sarin Mohammed
- Party Age
- 43
Plaintiffs Documents
Notarized copy of re-constitution of partnership dated 01.04.2023, Original resolution dated 18.03.2024, Copy of invoice bearing No. GA/03742 dated 22.02.2019, Original cheque No. 204299 dated 17.03.2019, Original cheque return memo dated 18.05.2019, Copy of lawyer’s notice dated 07.06.2019, Original returned envelope.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Sudheeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B. Dayal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- sibi Karun
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.2,47,600/- from the defendant.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize an amount of Rs.2,47,600/- (Rupees Two lakhs Forty Seven thousand Six hundred only) from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for the amount from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,47,600/- (Rupees Two lakhs forty seven thousand six hundred only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for the amount from date of decree till date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,47,600/- (Rupees Two lakhs forty seven thousand six hundred only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Notarized copy of re-constitution of partnership
Submitted By:
Plaintiff
Relevance:
Rejected as no foundation for secondary evidence laid down.
Reference:
Ext.A1
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A2
Document Type:
Copy of invoice bearing No. GA/03742
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A3
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A4
Document Type:
Original cheque return memo
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A5
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A6
Document Type:
Original Returned Envelope
Submitted By:
Plaintiff
Relevance:
Accepted and marked in evidence.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Skyline Systems and Services vs Mr. Sarin Mohammed regarding realization of money.
Case Code Year
Case between M/s. Skyline Systems and Services vs Mr. Sarin Mohammed regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act