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
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.5,42,025/- along with interest. The defendant is also liable for the costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,42,025/- with interest from 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
Parties
- Party Role
- Plaintiff
- Party Name
- Nikhil N Asher
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sidhique
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Original Promissory note, Copy of Lawyer notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P G Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Krishnan
- Appearance Type
- Assisting Counsel
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
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 Nikhil N Asher vs Sidhique regarding realization of money
Case Code Year
Case between Nikhil N Asher vs Sidhique regarding realization of money