Case Summary
Noby, the proprietor of Anand Oil Industries, is suing Musthafa for an outstanding amount of ₹22,800 following the sale of oil. Musthafa contends that he has made all necessary payments and that the cheque in question was given as a security.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of ₹36,000 with 9% interest from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff allowing them to recover ₹36,000 with 9% interest on the principal amount from the date of the suit.
Why Plaintiff Won:
Plaintiff successfully proved the outstanding amount was due based on transaction records.
Plaintiff successfully proved the outstanding amount was due based on transaction records.
Losing Side's Weaknesses:
Plaintiff successfully proved the outstanding amount was due based on transaction records.
Plaintiff successfully proved the outstanding amount was due based on transaction records.
Supporting Evidence
It appears that he did not make any complaint before any court to get back Ext. A1 cheque. DW2 was a witness to the transaction. Her statement was also not challenged by the defendant.
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/- (Thirty Six Thousand only) and also to realise 9% interest on the principal amount of ₹.22,800/- (Twenty Two Thousand Eight Hundred only) from the defendant 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 invoices 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 is allowed to recover the outstanding amount.
Evidence:
The suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of ₹.36,000/-.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Plaintiff relied on this cheque to prove the outstanding amount.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo confirmed that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant after the cheque dishonor.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the postal communication regarding the lawyer's notice.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the lawyer's notice sent to the defendant.
Reference:
Ext.A5
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the identity of the plaintiff's business.
Reference:
Ext.A6
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
It details the transactions between the plaintiff and defendant.
Reference:
Ext.A7
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
Invoicing related to the transactions between the plaintiff and 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