Case Summary
M/s. Wallmaax Paints Pvt Ltd. filed a suit against Venugopal for the recovery of a debt owed due to dishonoured cheques. The plaintiff claims a total amount of Rs.4,60,042/- is due based on these transactions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,60,042/- from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, stating that the defendant owes Rs.4,60,042/- for the dishonoured cheques. The plaintiff is also entitled to interest and costs of the suit.
Why Plaintiff Won:
The unrebutted oral testimony and evidence presented by the plaintiff established the claim.
The unrebutted oral testimony and evidence presented by the plaintiff established the claim.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence presented by the plaintiff established the claim.
The unrebutted oral testimony and evidence presented by the plaintiff established the claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A8 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.4,60,042/- (Rupees Four Lakh Sixty Thousand and Forty Two only) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Wallmaax Paints Pvt Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Venugopal
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Cheque No. 002101, Cheque dishonour memo, Certified copy of Cheque No. 002103, Cheque dishonour memo, Certified copy of lawyer's notice, Certified copy of postal acknowledgment card, Certified copy of postal acknowledgment card, Certified copy of statement of accounts from 01.04.2018 to 30.09.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.4,60,042/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.4,60,042/- (Rupees Four Lakh Sixty Thousand and Forty Two only) from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 12% per annum from the date of the suit until the date of the decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,60,042/- (Rupees Four Lakh Sixty Thousand and Forty Two only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of the decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,60,042/- (Rupees Four Lakh Sixty Thousand and Forty Two only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the 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:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
This cheque is part of the evidence to support the plaintiff's claim regarding the amount owed.
Reference:
Ext.A1
Document Type:
Certified copy of cheque dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo establishes that the cheque was dishonoured, which is critical to the plaintiff's case.
Reference:
Ext.A2
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
This cheque is another piece of evidence supporting the plaintiff's claim of outstanding dues.
Reference:
Ext.A3
Document Type:
Certified copy of cheque dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo shows the dishonour of the second cheque, further substantiating the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Certified copy of lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice demonstrates the attempt made by the plaintiff to notify the defendant about the outstanding dues.
Reference:
Ext.A5
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof that the lawyer's notice was received at the business address.
Reference:
Ext.A6
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card provides evidence for the attempt to notify the defendant of the outstanding payment.
Reference:
Ext.A7
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
This statement details the transactions between the plaintiff and defendant, establishing the owed amount.
Reference:
Ext.A8
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. Wallmaax Paints Pvt Ltd. vs Venugopal regarding realization of money
Case Code Year
Case between M/s. Wallmaax Paints Pvt Ltd. vs Venugopal regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act