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O.S. No.855/2022

Case between Pearcy Maria Siby et al vs M/s Balsan World Forex Pvt Ltd et al regarding Suit For Realization Of Money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2024-06-14
Duration
approximately-2 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/16/2022 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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