Case Summary
P.N Parameswaran Pillai granted a loan of Rs.8,76,000 to P.A Sreejith, who issued a cheque that was later dishonoured. The suit was filed to recover the loan amount and prevent the sale of the defendant's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize an amount of Rs.8,76,000 from the defendant with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved the execution of the cheque and that the defendant failed to discharge his liability.
The plaintiff proved the execution of the cheque and that the defendant failed to discharge his liability.
Judgment Evidence:
In the result, the suit is decreed as follows; (i) The plaintiff is allowed to realize an amount of Rs.8,76,000/- from the defendant and his assets with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization.
Parties Involved
Plaintiffs
P.N Parameswaran Pillai (71 years years)
Karthika, Puthalath road, Kalamassery. Pin-68202
Defendants
P.A Sreejith (40 years years)
1st floor Kudilil Parambil, FAC road, Ponnurunni, Vyttila Pin-682019
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the loan amount from the defendant.
Evidence:
The plaintiff is entitled to get a decree for realization of Rs.8,76,000/- from the defendant.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant towards repayment of the loan amount.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque was dishonoured due to stop payment by the defendant.
Reference:
Ext.A2
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant regarding the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of receipt of the notice by the defendant.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the defendant in response to the plaintiff's legal notice.
Reference:
Ext.A6
Document Type:
Copy of Petition
Submitted By:
Defendant
Relevance:
The document relates to the defendant's complaint regarding the plaintiff.
Reference:
Ext.B1
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Proof of receipt for the petition filed by the defendant.
Reference:
Ext.B2
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This is the defendant's response to the plaintiff's claims.
Reference:
Ext.B3
Document Type:
Original Postal receipt
Submitted By:
Defendant
Relevance:
Document supporting the postal dispatch of the notice.
Reference:
Ext.B4
Document Type:
Original acknowledgment card
Submitted By:
Defendant
Relevance:
Acknowledgment of receipt related to a notice.
Reference:
Ext.B5