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ORIGINAL SUIT No. 289 OF 2018

Case between Muhammed vs Shamleekh regarding money recovery

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-09-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Muhammed, the plaintiff, filed a suit against Shamleekh for recovering Rs. 10,00,000/- which Shamleekh borrowed to extend his textile business and failed to repay. The court found the plaintiff's claims credible due to the absence of a written statement from the defendant.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, allowing him to recover Rs. 10,00,000/- from the defendant. The plaintiff was also entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.10,00,000/- and the costs of the suit from the defendant
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing him to recover Rs. 10,00,000/- from the defendant. The plaintiff was also entitled to recover the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff remained unchallenged as the defendant did not file a written statement or present any evidence.
Losing Side's Weaknesses:
The evidence presented by the plaintiff remained unchallenged as the defendant did not file a written statement or present any evidence.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows: I Plaintiff is entitled to realise an amount of Rs.10,00,000/- (Rupees Ten lakh only) from the defendant and his assets. II. Plaintiff is also entitled to realise the costs of the suit from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhammed
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Shamleekh
Party Age
35
Relation
S/o
Plaintiffs Documents
Agreement dated 30-10-2015, Cheque for Rs.10,00,000/-, SBI Edapal Branch, dt; 25-10-2018, Return Memo dated 29.10.2018
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Gopi Kadavath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.K.P. Mohammed Shafi
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover an amount of Rs.10,00,000/- from the defendant.
Evidence:
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement executed regarding the loan given to the defendant.
Reference:
Ext.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Cheque issued by the defendant for the loan amount as a security.
Reference:
Ext.A2
Document Type: Return Memo
Submitted By: Plaintiff
Relevance:
Memo indicating the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Muhammed vs Shamleekh regarding money recovery
Case Code Year
Case between Muhammed vs Shamleekh regarding money recovery

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 10/30/2018 - 12:00
Case Closed
From
Sun, 09/01/2019 - 12:00
To
Mon, 09/30/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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