Case Summary
Noby, the proprietor of Anand Oil Industries, filed a suit against Musthafa for the recovery of outstanding payments for oil products sold. The amount of ₹22,800/- was claimed as remaining due after previous payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹36,000/- with 9% interest on ₹22,800/- from 19.01.2021 till realisation
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing her to recover ₹36,000/- with interest from the defendant.
Why Plaintiff Won:
The plaintiff successfully proved the case with evidence of transactions and the validity of the cheque.
The plaintiff successfully proved the case with evidence of transactions and the validity of the cheque.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with evidence of transactions and the validity of the cheque.
The plaintiff successfully proved the case with evidence of transactions and the validity of the cheque.
Supporting Evidence
It can be seen that plaintiff had succeeded in proving the case.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of ₹36,000/- and also to realise 9% interest on the principal amount of ₹22,800/- from the date of the suit ie, 19.01.2021 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Noby
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Musthafa
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 019350, Cheque dishonour memo, Lawyer’s Notice, Postal Receipt, GST Registration certificate, Ledger Account
Defendants Documents
Tax invoice series
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Gaganan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajila.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize the plaint claim of ₹.36,000/- from the defendant.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of ₹.36,000/-.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the principal amount of ₹.22,800/- from the date of the suit.
Evidence:
The plaintiff is allowed to realise 9% interest on the principal amount of ₹.22,800/- from the date of the suit ie, 19.01.2021 till realisation.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No. 019350 dated 27.07.2018 was presented for collection.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Cheque was returned unpaid for insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding unpaid cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the lawyer's notice.
Reference:
Ext.A5
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
Document establishing the plaintiff's business credentials.
Reference:
Ext.A6
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Account statement detailing amounts owed by the defendant.
Reference:
Ext.A7
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
Collection of invoices related to oil purchases made by the defendant.
Reference:
Ext.B1 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Noby vs Musthafa regarding realisation of money
Case Code Year
Case between Noby vs Musthafa regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act