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Commercial Suit. No. 33/2024

Case between Muhammed Shafi vs Musthafa regarding recovery of a loan amount

Court
Commercial Court, Kozhikode
Judge
Smt. Leena Rasheed
Order Date
2025-09-26
Duration
approximately-1 year 2 days
Case Closed
Fri, 09/26/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Muhammed Shafi filed a suit against Musthafa for recovery of an amount of ₹17,15,840/- which was due from a partnership agreement regarding a restaurant. The defendant failed to pay the agreed amount despite multiple promises.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, ordering the defendant to pay ₹17,15,840/- along with interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of ₹17,15,840/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay ₹17,15,840/- along with interest and costs.
Why Plaintiff Won:
The plaintiff successfully proved that the defendant defaulted in payment as per the agreement.
Losing Side's Weaknesses:
The plaintiff successfully proved that the defendant defaulted in payment as per the agreement.
Supporting Evidence
Having gone through the documents marked and proof affidavit filed by the plaintiff, I am satisfied that the plaintiff has successfully proved that the defendant had defaulted in paying the balance amount of 17,15,840/- to plaintiff as stated in the plaint.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendant is directed to pay an amount of 17,15,840/- (Rupees seventeen lakh fifteen thousand eight hundred and forty only) to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhammed Shafi
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Musthafa
Party Age
55
Relation
S/o
Plaintiffs Documents
Certified copy of Cheque No. 000024, Certified copy of memo, Certiifed copy of Lawyer notice, Certiifed copy of Postal receipt, Certified copy of Acknowledgment card, Reply notice, Certified copy of share sale agreement
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Smt. T. Sunitha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. B.V.M Rafi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shini P
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Recovery of the amount of 17,15,840/- from the defendant.
Evidence:
The defendant is directed to pay an amount of 17,15,840/- (Rupees seventeen lakh fifteen thousand eight hundred and forty only) to the plaintiff.
Relief Type: Interest
Outcome: Granted
Description:
Interest on the decreed amount at the rate of 6% per annum.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit (26-07-2024) till the date of realisation.
Relief Type: Costs
Outcome: Granted
Description:
Costs of the suit awarded to the plaintiff.
Evidence:
The plaintiff will be entitled for the costs of the suit.

Documents & Evidence

Document Type: Certified Copy of Cheque
Submitted By: Plaintiff
Relevance:
Proof of the cheque issued by the defendant for the amount claimed.
Reference:
Ext.A1
Document Type: Certified Copy of Memo
Submitted By: Plaintiff
Relevance:
Document related to the cheque transaction.
Reference:
Ext.A2
Document Type: Certified Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Legal notification regarding the cheque dishonour.
Reference:
Ext.A3
Document Type: Certified Copy of Postal Receipt
Submitted By: Plaintiff
Relevance:
Proof of communication sent to the defendant.
Reference:
Ext.A4
Document Type: Certified Copy of Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Confirmation of receipt of notice by the defendant.
Reference:
Ext.A5
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Response from the defendant concerning legal notice.
Reference:
Ext.A6
Document Type: Certified copy of share sale agreement
Submitted By: Plaintiff
Relevance:
Agreement related to the share purchase between plaintiff and defendant.
Reference:
Ext.A7

Case Classification

Case Type
Commercial Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Muhammed Shafi vs Musthafa regarding recovery of a loan amount
Case Code Year
Case between Muhammed Shafi vs Musthafa regarding recovery of a loan amount

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Fri, 07/26/2024 - 12:00
Case Closed
Fri, 09/26/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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