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
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
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and the evidence provided established the plaintiff's case.
The unrebutted oral testimony of the plaintiff and the evidence provided established the plaintiff's case.
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
Plaintiffs
PJ Mathai (66 Years years)
Punnakuzhiyil House, Puthussery Road, Tripunithura, Ernakulam-682301
Defendants
Benny K V (Age not specified years)
Kattadiyil, Kureekad P O., Chottanikkara, Kureekad Village, Kanayannur Thaluk, Thiruvamkulam, Ernakulam - 682 305
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: