Case Summary
The plaintiff, M/s. Swamy Electricals, is seeking payment from the defendant, Dinu Chacko, for goods purchased on credit. After the defendant's cheque was dishonoured and subsequent payments were not made, the plaintiff initiated this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 1,22,000 along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, who is entitled to receive Rs. 1,22,000 along with interest from the defendant.
Why Plaintiff Won:
The evidence adduced by the plaintiff established the case, with no rebuttal from the defendant.
The evidence adduced by the plaintiff established the case, with no rebuttal from the defendant.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff established the case, with no rebuttal from the defendant.
The evidence adduced by the plaintiff established the case, with no rebuttal from the defendant.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 1,22,000/- (Rupees One Lakh and Twenty Two Thousand only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Swamy Electricals
- Party Role
- Defendant
- Party Name
- Dinu Chacko
- Party Age
- 45
Plaintiffs Documents
Reconstituted partnership deed, invoice No SE-D5322, original cheque for Rs. 147086, original return memo, office copy of the notice, postal receipts, acknowledgment cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajithan Nampoothiri
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is awarded Rs. 1,22,000/- from the defendant along with interest.
Evidence:
It is ordered that the defendants shall pay to the plaintiff the sum of 1,22,000/- (Rupees One Lakh and Twenty Two Thousand only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
The copy of the reconstituted partnership deed establishes the legitimacy of the plaintiff's business.
Reference:
Ext.A1
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
The copy of the invoice No SE-D5322 evidences the transaction between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque for Rs. 147086/- serves as the basis for the recovery claim against the defendant.
Reference:
Ext.A3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The original return memo indicates the dishonouring of the cheque, supporting the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The office copy of the notice demonstrates the attempt to notify the defendant of the dishonoured cheque.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The postal receipts provide proof of mailing the notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
The acknowledgment cards confirm receipt of the notice by the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Cheque dishonour
Case Code
Case between M/s. Swamy Electricals vs Dinu Chacko regarding realization of money.
Case Code Year
Case between M/s. Swamy Electricals vs Dinu Chacko regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act