Case Summary
P. K. Suryakumari has filed a suit against Anil Kumar for the recovery of a loan amounting to ₹10,00,000, which was not repaid. The defendant had issued a cheque which was dishonoured, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹10,00,000 with interest at the rate of 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay ₹10,00,000 with interest at the rate of 6% per annum. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff proved the case with uncontested evidence establishing that the defendant owes the amount.
The plaintiff proved the case with uncontested evidence establishing that the defendant owes the amount.
Losing Side's Weaknesses:
The plaintiff proved the case with uncontested evidence establishing that the defendant owes the amount.
The plaintiff proved the case with uncontested evidence establishing that the defendant owes the amount.
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved from the uncontested evidence of PW1.
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 with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. K. Suryakumari
- Party Age
- 74
- Relation
- W/o. Late K.K. Kunjunni
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 50
- Relation
- S/o. Late Rajappan S.
Plaintiffs Documents
General Power of Attorney, Certified copy of Cheque bearing No. 100003, Certified copy Cheque Return Memo, Office copy of Legal Notice, Certified copy of Postal Receipt, Certified copy of Postal Acknowledgment Card, Certified copy of Settlement Deed No. 127/2010, Pass Book issued by the Kottayam District Co-operative Bank Ltd., Pass Book bearing Account No. 57039360150 issued by State Bank of India
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter Isacc
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhilash P. T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of ₹10,00,000/- with interest.
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 entitled to recover costs from the defendant.
Evidence:
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 proving the authority of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Certified copy of Cheque bearing No. 100003
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant for the repayment of the loan.
Reference:
Ext.A2
Document Type:
Certified copy Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document evidencing the dishonor of the cheque.
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.
Reference:
Ext.A4
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A5
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence that the defendant received the legal notice.
Reference:
Ext.A6
Document Type:
Certified copy of Settlement Deed No. 127/2010
Submitted By:
Plaintiff
Relevance:
Document related to prior agreements or settlements.
Reference:
Ext.A7
Document Type:
Pass Book issued by the Kottayam District Co-operative Bank Ltd.
Submitted By:
Plaintiff
Relevance:
Financial document relevant to the plaintiff's financial status.
Reference:
Ext.A8
Document Type:
Pass Book bearing Account No. 57039360150 issued by State Bank of India
Submitted By:
Plaintiff
Relevance:
Document relevant to plaintiff's bank account.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between P. K. Suryakumari vs Anil Kumar regarding recovery of money
Case Code Year
Case between P. K. Suryakumari vs Anil Kumar regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act