Case Summary
M/s. Wallmaax Paints Pvt Ltd. has filed a suit against Vineeth Parepparambil Vijayan for the recovery of an outstanding amount due from the sale of goods. The defendant issued a cheque which was dishonored, leading the plaintiff to seek a decree for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.2,95,257/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest and costs.
Why Plaintiff Won:
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
The unrebutted oral testimony and evidence presented established the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.2,95,257/- (Rupees Two Lakhs Ninety Five Thousand Two Hundred and Fifty Seven 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 its Managing Director, Sushil V Antony
- Party Role
- Defendant
- Party Name
- Vineeth Parepparambil Vijayan
Plaintiffs Documents
Original cheque No. 222743 dated 30.10.2020, Cheque dishonor memo dated 02.11.2020, Copy of lawyer's notice dated 13.11.2020, Acknowledgment card, Original returned postal envelope.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suja R. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.2,95,257/- from the defendant.
Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.2,95,257/- from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at the rate of 12% per annum from the date of the suit.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.2,95,257/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest at the rate of 6% per annum from the date of the decree.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,95,257/- 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 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:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was presented to prove the debt owed by the defendant.
Reference:
Ext.A1
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
Document showing that the cheque was dishonored due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice issued to inform the defendant about the dishonored cheque and demand payment.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A4
Document Type:
Original returned postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope returned to sender, indicating the defendant's shop was closed.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between M/s. Wallmaax Paints Pvt Ltd. vs Vineeth Parepparambil Vijayan regarding realization of money
Case Code Year
Case between M/s. Wallmaax Paints Pvt Ltd. vs Vineeth Parepparambil Vijayan regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act