Case Summary
The plaintiffs, Pearcy Maria Siby and Glen George, allege that the defendants, a private company and its authorized signatory, failed to honor two cheques for the sale of foreign currency. The cheques were dishonored with the endorsement 'account blocked'.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to realize Rs. 6,17,930 with interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The plaintiffs were found entitled to recover a total of Rs. 6,17,930 along with interest from the defendants, due to the dishonored cheques. The court ordered the defendants to pay the claimed amount with interest.
Why Plaintiff Won:
Plaintiffs established the case through unchallenged evidence and relevant documents regarding the dishonored cheques.
Plaintiffs established the case through unchallenged evidence and relevant documents regarding the dishonored cheques.
Losing Side's Weaknesses:
Plaintiffs established the case through unchallenged evidence and relevant documents regarding the dishonored cheques.
Plaintiffs established the case through unchallenged evidence and relevant documents regarding the dishonored cheques.
Supporting Evidence
Upon perusing the unchallenged oral testimony of PW1 and Exts. A1 to A3 and A5 and A6, I am of the view that plaintiff has established a case and the plaintiff is entitled to realize an amount of Rs. 6,17,930 with interest from the defendants.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 6,17,930 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pearcy Maria Siby
- Party Age
- 30
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Glen George
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Balsan World Forex Pvt Ltd
- Relation
- rep. by
- Party Role
- Defendant
- Party Name
- Balraj Sasidharan Pillai
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original of the cheque bearing No.640052 dated 21.01.2022 and dishonour memo, copy of the Lawyer notice dated 16.03.2022.
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize Rs. 6,17,930 from the defendants and from their assets.
Evidence:
In the result, suit is decreed as follows. Plaintiffs are entitled to realize Rs. 6,17,930 from the defendants and from their assets.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 6,17,930 from the date of suit till date decree from the defendants and from their assets.
Evidence:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 6,17,930 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 6,17,930 from date of decree till date of realization from the defendants and from their assets.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 6,17,930 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the cheque bearing No.640052 dated 21.01.2022 drawn on YES bank, M.G. Road Branch, Ernakulam for an amount of Rs.2,88,390.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original of the dishonour memo dated 15.03.2022 issued by the bank.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice dated 16.03.2022 issued to the defendant.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the cheque bearing No.640053 dated 21.01.2022 drawn on YES bank, M.G. Road Branch, Ernakulam for an amount of Rs.2,88,390.
Reference:
Ext.A5
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original of the dishonour memo dated 15.03.2022 issued by the bank.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The 2nd plaintiff was examined as PW1 and provided oral testimony supporting the claim.
Reference:
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Pearcy Maria Siby et al vs M/s Balsan World Forex Pvt Ltd et al regarding Suit For Realization Of Money
Case Code Year
Case between Pearcy Maria Siby et al vs M/s Balsan World Forex Pvt Ltd et al regarding Suit For Realization Of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour