Case Summary
Nadamel Service Co-Operative Bank Ltd. filed a case against Sheeba Thambi for recovery of money based on a cheque issued by the defendant towards a legally enforceable debt. The court considered applications to accept additional documents and to recall a witness for further evidence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both I.As for lacking proper justification regarding the belated production of documents and the recall of the witness. The plaintiff's applications were deemed insufficient.
Key Reasoning:
The petitions lacked sufficient justification for their requests.
The petitions lacked sufficient justification for their requests.
Why Defendant Won:
Not available
Not available
Supporting Evidence
In the absence of any such proper pleadings taken on record, the PW1 cannot be recalled. Hence, I am of the opinion that IA 7/2025 and 8/2025 cannot be positively entertained and they are to be dismissed.
Judgment Evidence:
In the result, IA 7/2025 and IA 8/2025 stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nadamel Service Co-Operative Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sheeba Thambi
- Party Age
- 53
- Relation
- D/o
Plaintiffs Documents
Certified copies of Registration Certificate amended, By-law amendment and Group Deposits Scheme (Remittance) Ledger.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. D Suni
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrutha P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Arun
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekumar D. Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rathnamani M.E
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Petitions I.A 7/2025 and I.A 8/2025 were filed to accept additional documents and recall PW1 for tendering evidence.
Evidence:
Hence, I am of the opinion that IA 7/2025 and 8/2025 cannot be positively entertained and they are to be dismissed.
Documents & Evidence
Document Type:
Certified Copies
Submitted By:
Plaintiff
Relevance:
Certified copies of Registration Certificate amended, By-law amendment, and Group Deposits Scheme (Remittance) Ledger are produced to support the case of the plaintiff.
Reference:
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of the Secretary in charge of the plaintiff bank examined as PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Nadamel Service Co-Operative Bank Ltd. et al vs Sheeba Thambi regarding recovery of money
Case Code Year
Case between Nadamel Service Co-Operative Bank Ltd. et al vs Sheeba Thambi regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt