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O.S. No.1186/2020

Case between PJ Mathai vs Benny K V regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-12-18
Duration
approximately-4 years 5 months
Case Closed
Wed, 12/18/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, PJ Mathai, is seeking repayment of Rs.4,00,000 from the defendant, Benny K V, due to default on a loan. The defendant borrowed the amount and provided cheques as security, which were dishonored.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, entitling him to recover Rs.4,00,000 along with interest and costs. The defendant had failed to provide evidence to counter the plaintiff's claims.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.4,00,000 and interest @ 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, entitling him to recover Rs.4,00,000 along with interest and costs. The defendant had failed to provide evidence to counter the plaintiff's claims.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the evidence provided established the plaintiff's case.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and the evidence provided established the plaintiff's case.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff. In the absence of any countervailing evidence to contradict this proof of plaint claim, the plaintiff is entitled to the relief as prayed for.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.4,00,000/- (Rupees four lakhs only) from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
PJ Mathai
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Benny K V
Relation
S/o
Plaintiffs Documents
Original cheque bearing No. 339378, Original cheque dishonor memo, Original cheque bearing No.339379, Return memo, Original promissory note executed by defendant
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.B. Gafoor
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Meera Prakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Safwan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Renny Augustine
Appearance Type
Exparte

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize an amount of Rs.4,00,000/- from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.4,00,000/- (Rupees four lakhs only) from the defendant and from his assets.
Relief Type: Damages
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,00,000/- from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,00,000/- (Rupees four lakhs only) from the date of suit till date decree from the defendant and from his assets.
Relief Type: Damages
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,00,000/- from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,00,000/- (Rupees four lakhs only) from date of decree till date of realization from the defendant and from his assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.

Documents & Evidence

Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
The original plaintiff’s ledger original cheque dated 17.11.2020 bearing No. 339378 was accepted and marked in evidence.
Reference:
Ext.A1
Document Type: Original cheque dishonor memo
Submitted By: Plaintiff
Relevance:
The original cheque dishonor memo dated 24.11.2020 was accepted and marked in evidence.
Reference:
Ext.A2
Document Type: Original Cheque
Submitted By: Plaintiff
Relevance:
The original cheque no. 339379 dated 17.11.2020 was accepted and marked in evidence.
Reference:
Ext.A3
Document Type: Return Memo
Submitted By: Plaintiff
Relevance:
The original return memo dated 24.11.2020 was accepted and marked in evidence.
Reference:
Ext.A4
Document Type: Original promissory note
Submitted By: Plaintiff
Relevance:
The original promissory note dated 15.07.2020 executed by defendant was accepted and marked in evidence.
Reference:
Ext.A5
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimony of PW1 established the case as pleaded by the plaintiff.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Loan Repayment
Case Code
Case between PJ Mathai vs Benny K V regarding realization of money
Case Code Year
Case between PJ Mathai vs Benny K V regarding realization of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 07/15/2020 - 12:00
Case Closed
Wed, 12/18/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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