Case Summary
The plaintiff, Prasad V C, is an automobile mechanic who lent money to the defendant, Reshma K Nair, a lady hostel operator, but she failed to repay. The plaintiff brought this suit after the defendant's cheque was dishonored, seeking repayment of the borrowed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.5,30,000/- along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved the existence of an enforceable debt.
The plaintiff successfully proved the existence of an enforceable debt.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.5,30,000/- (Rupees Five lakhs thirty thousand only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Plaintiffs
Prasad V C (69 years)
Vayalirakkathu Veedu, Vallicode, Pathananthitta, Pin- 689648.
Defendants
Reshma K Nair (45 years)
C 2, ‘Ashirwaad Sree’ Apartments, Swamippady Road, Elamakkara P O, Kochi- 682026.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.5,30,000/- along with interest from the date of suit till the date of decree and from the date of decree till the date of payment.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.5,30,000/- (Rupees Five lakhs thirty thousand only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and her assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Ext.A1 shows that cheque bearing No.898083 dated 03.01.2024 drawn on State Bank of India, Elamakkara branch was issued by defendant in favour of plaintiff.
Reference:
Ext.A1
Document Type:
Outward Clearing Return Memo
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the outward clearing return memo dated 12.02.2024 issued by the Indian Bank Edappally branch intimating the plaintiff about the dishonour of the cheque.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the returned lawyer notice dated 27.02.2024.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the postal receipt dated 27.02.2024 for the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A4
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the office copy of the lawyer notice dated 27.02.2024.
Reference:
Ext.A5