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
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.
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
Plaintiffs
Pearcy Maria Siby (30 years years)
TRA-109, Padamughal, 22/618, Thrikkakkara Municipality, Kakkanad P.O., Vazhakkala Village, Kanayannur Taluk, Ernakulam District-682030
Glen George (35 years)
Padamughal, 22/618, Thrikkakkara Municipality, Kakkanad, Vazhakkala Village, Kanayannur Taluk, Ernakulam District, Kochi-682030
Defendants
M/s Balsan World Forex Pvt Ltd (null years)
Konnullil Building, Door No.58/2795, B2, Thevara P.O., Ernakulam-682013
Balraj Sasidharan Pillai (38 years)
21/2017, Thiruvathira, Perumbadappu, Palluruthy, Ernakulam, Kochi-682006
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: