Case Summary
The plaintiff, P. K. Suryakumari, is seeking recovery of an amount of ₹10,00,000 from the defendant, Anil Kumar, based on a dishonored cheque. The defendant, who was a close friend of the plaintiff's son, failed to repay the loan as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹10,00,000 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim was proven by uncontested evidence and the defendant's failure to appear for cross-examination.
The plaintiff's claim was proven by uncontested evidence and the defendant's failure to appear for cross-examination.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of ₹10,00,000/- (Rupees ten lakh only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Parties Involved
Plaintiffs
P. K. Suryakumari (74 years years)
Sivaprasadam, P.R.A.087, Pattathu Road, Chalikkavattom, Vennala, Edappally North Village, Kanayannur Taluk, Ernakulam, Kerala – 682 028
Defendants
Anil Kumar (50 years years)
Ezhupara House, Padinjarekkara P.O Udayanapuram Village, Vaikom Taluk, Kottayam District, Kerala – 686 146
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover ₹10,00,000/- along with interest from the defendant.
Evidence:
The defendant is directed to pay to the plaintiff an amount of 10₹,00,000/- (Rupees ten lakh only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing authority for the plaintiff in the suit.
Reference:
Ext.A1
Document Type:
Certified copy of Cheque bearing No. 100003
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant towards repayment of the loan.
Reference:
Ext.A2
Document Type:
Certified copy Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document confirming the dishonor of the cheque presented for encashment.
Reference:
Ext.A3
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the dishonor of the cheque and demand for payment.
Reference:
Ext.A4
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the legal notice to the defendant.
Reference:
Ext.A5
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the defendant.
Reference:
Ext.A6
Document Type:
Certified copy of Settlement Deed No. 127/2010
Submitted By:
Plaintiff
Relevance:
Document related to prior agreement concerning the defendant.
Reference:
Ext.A7
Document Type:
Pass Book issued by the Kottayam District Co-operative Bank Ltd.
Submitted By:
Plaintiff
Relevance:
Bank statement of the plaintiff that may establish financial context.
Reference:
Ext.A8
Document Type:
Pass Book bearing Account No. 57039360150 issued by State Bank of India
Submitted By:
Plaintiff
Relevance:
Bank statement of the plaintiff that may establish financial context.
Reference:
Ext.A9