Case Summary
Nikhil N Asher, managing partner of Kumud Enterprises, filed a suit against Sidhique for the recovery of money owed from business transactions involving laminates and PVC foam boards. The defendant failed to repay the amount as promised through a promissory note.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,42,025/- along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case based on the promissory note executed by the defendant.
The plaintiff established a clear case based on the promissory note executed by the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.5,42,025/- (Rupees Five lakhs forty two thousand twenty five only) along with interest @12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Nikhil N Asher (52 years)
31/2149-A, Kuthapady Road, Thammanam P O, Ernakulam District - 682 032
Defendants
Sidhique (41 years)
Maleth House, P O Neericode, Neericode Desam, Paravur Taluk, Ernakulam District - 683 511
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 5,42,025/- along with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs. 5,42,025/- with interest from defendant.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original promissory note executed by the defendant, acknowledging the amount of Rs. 4,00,000/- to be paid within 6 months.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A copy of the lawyer notice issued to the defendant demanding repayment of the outstanding amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The original postal receipt evidencing the sending of the lawyer notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirming receipt of the lawyer notice by the defendant.
Reference:
Ext.A4