Case Summary
M/s.Skyline Systems and Services filed a suit against Jaison A.A. for the recovery of Rs.1,11,891/- due to the dishonor of a cheque and non-payment for goods supplied. The defendant contested the claim, asserting no transaction occurred.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.1,11,891/- with interest at 12% per annum from the date of suit till the date of decree and thereafter with interest at 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover Rs.1,11,891/- from the defendant. The defendant's claims were found to be unsubstantiated, and the judgment included interest rates for the amount due.
Why Plaintiff Won:
The court found that the defendant had liability based on evidence including a dishonored cheque and acknowledgment of debt in a statement of account.
The court found that the defendant had liability based on evidence including a dishonored cheque and acknowledgment of debt in a statement of account.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The substantive evidence given by PW1 was not shaken, and the court found no credible evidence presented by the defendant to disprove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. The plaintiff is allowed to realize an amount of Rs.1,11,891/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Skyline Systems and Services
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Mr.Joseph Philip
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaison A.A.
Plaintiffs Documents
Certified copy of re-constitution of partnership deed, Original resolution, Original customer data sheet signed by defendant along with copy of driving license, Original instruction letter issued by the defendant, Original cheque No. 007243 dated 01.12.2018, Original cheque return memo, Statement of account, Copy of lawyer's notice, Original postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sudhishkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajay N.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babykuttan K.C.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is granted the recovery of Rs.1,11,891/- from the defendant.
Evidence:
The court finds that the defendant owes to the plaintiff an amount of Rs.1,11,891/- as claimed by him.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realization.
Evidence:
The plaintiff is entitled to get the costs, interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Certified copy of re-constitution of partnership Deed
Submitted By:
Plaintiff
Relevance:
This document proves the authority of the managing partner to represent the plaintiff firm.
Reference:
Ext.A1
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
This document shows the authorization of partners to adduce evidence on behalf of the firm.
Reference:
Ext.A2
Document Type:
Original customer data sheet, signed by defendant along with copy of driving license
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the transaction and agreement between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Original instruction letter issued by the defendant
Submitted By:
Plaintiff
Relevance:
This document indicates that the defendant instructed the plaintiff to supply materials for a specific project.
Reference:
Ext.A4
Document Type:
Original cheque bearing No. 007243
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as part of the payment for the goods purchased from the plaintiff.
Reference:
Ext.A5
Document Type:
Original cheque return memo
Submitted By:
Plaintiff
Relevance:
This memo shows that the cheque issued by the defendant was dishonored by the bank.
Reference:
Ext.A6
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
This document shows the financial dealings and acknowledgment of debt by the defendant.
Reference:
Ext.A7
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the outstanding payment.
Reference:
Ext.A8
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms that the legal notice was sent to the defendant's address.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
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 Jaison A.A. regarding realization of money.
Case Code Year
Case between M/s.Skyline Systems and Services vs Jaison A.A. regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act