Case Summary
The plaintiff, Paulachan Maniamkot, is seeking to recover dues from the defendant, K.M.Salim, for advertising services provided. The defendant has failed to pay the outstanding amount despite assurances and dishonored cheques.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹1,53,892 with 12% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendant to pay the outstanding amount of ₹1,53,892 with interest. In default, the plaintiff may recover the decree amount from the defendant's assets.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed, except the interest part which is allowed reasonably as per S.34 of the Code of Civil Procedure.
Judgment Evidence:
The suit is decreed directing the defendants to pay an amount of 1,53,892/- (Rupees One Lakh Fifty-Three Thousand Eight Hundred and Ninety-Two only), with 12 % interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paulachan Maniamkot
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.M.Salim
- Party Age
- 60
Plaintiffs Documents
Original cheque bearing number ‘000605’ of ICICI Bank, Changanacherry branch for an amount of Rs. 1,15,101/-, Original cheque bearing number ‘000602’ of ICICI bank, Changanassery Branch for an amount of Rs. 95,918/-, Copy of the lawyer notice issued to the defendant, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eliswa Saritha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Luke J Chirayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount of 1,53,892/-
Evidence:
The suit is decreed directing the defendants to pay an amount of 1,53,892/-
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to 12% interest per annum from the date of suit until the date of decree
Evidence:
with 12 % interest per annum from the date of suit till the date of decree
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff entitled to post decretal interest at 9% per annum in default
Evidence:
from his assets with post decretal interest @ 9% per annum
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of litigation
Evidence:
The plaintiff is also entitled to the costs of the litigation
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proves the amount due and issued by the defendant
Reference:
Ext.A1
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Proves the amount due and issued by the defendant
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documents the notice issued to the defendant for payment
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the defendant
Reference:
Ext.A4
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 Paulachan Maniamkot vs K.M.Salim regarding money recovery
Case Code Year
Case between Paulachan Maniamkot vs K.M.Salim regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act