Case Summary
Plaintiffs seek repayment of Rs. 4,38,000/- borrowed by the defendant for business expansion, evidenced by a dishonored cheque. Defendant claims investment as partnership capital and disputes liability. Court decrees in favour of the plaintiff for the cheque amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Repayment of borrowed amount with interest
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court decrees the defendant to pay Rs. 4,38,000/- to the plaintiff with 6% interest from the date of filing till realization.
Why Plaintiff Won:
Plaintiff's evidence including dishonored cheque and witness testimony proves the defendant's debt and issuance of the cheque.
Plaintiff's evidence including dishonored cheque and witness testimony proves the defendant's debt and issuance of the cheque.
Losing Side's Weaknesses:
Plaintiff's evidence including dishonored cheque and witness testimony proves the defendant's debt and issuance of the cheque.
Plaintiff's evidence including dishonored cheque and witness testimony proves the defendant's debt and issuance of the cheque.
Supporting Evidence
More over its execution is denied by the plaintiff. According to the learned counsel for the plaintiff that document is a fabricated one. That is why it bears only the signature of the defendant.
Judgment Evidence:
DW1 also admitted that the whole facts of the case is known to the PW1. Hence there is no evidence to unruffle the evidence put forward by the plaintiff. Hence the suit is decreed as follows : - 1. The defendant is directed to pay an amount of Rs.4,38,000/- (Rupees four lakh and thirty eight thousand only) to the plaintiff with interest at the rate of 6% per annum from the date of suit to till the date of realization. 2. Plaintiff is entitled to realize the costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pilathottathil Muhammed Kutty
- Party Age
- 46
- Relation
- S/o. Alavi Haji
- Party Role
- Plaintiff
- Party Name
- Kunnakkad Fathima
- Party Age
- 41
- Relation
- Wife of
- Party Role
- Defendant
- Party Name
- Abdul Jaleel
- Party Age
- 46
- Relation
- S/o. Hydru Haji
Plaintiffs Documents
Certified copy of Cheque, Rejected instalment Advice, Receipt, Lawyer Notice, Reply notice, Certified copy of judgment
Defendants Documents
Photocopy of Karar
Advocates
Reliefs
Relief Type:
Recovery of Money
Outcome:
Granted
Description:
Repayment of borrowed amount with interest
Evidence:
The defendant is directed to pay an amount of Rs.4,38,000/- (Rupees four lakh and thirty eight thousand only) to the plaintiff with interest at the rate of 6% per annum from the date of suit to till the date of realization.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Documented borrowing and dishonored payment
Reference:
A1
Document Type:
Receipts and Notices
Submitted By:
Plaintiff
Relevance:
Evidence of attempts to recover the borrowed amount
Reference:
A2 to A6
Document Type:
Photocopy of Karar
Submitted By:
Defendant
Relevance:
Defendant's attempt to submit evidence of partnership agreement, but not admitted
Reference:
B1
Case Classification
Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan repayment dispute
Case Code
Case between Pilathottathil Muhammed Kutty et al vs Abdul Jaleel regarding realization of money
Case Code Year
Case between Pilathottathil Muhammed Kutty et al vs Abdul Jaleel regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act