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
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.
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
Plaintiffs
Pilathottathil Muhammed Kutty (46 years)
Kalpakancheri amsom, desom, Thanneerchal Post Kalpakancheri, Tirur Taluk.
Defendants
Abdul Jaleel (46 years)
Palakkal House, Kanmanam amsom Varanakkara desom, Tirur Taluk. P.O. Kanmanam.
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