Case Summary
Pratheeksha Kuries and Investments Pvt. Ltd. filed a suit against Prasanth.T.S. for the realization of a defaulted amount related to a chitty transaction. The defendant defaulted on payments and a cheque issued for settlement was dishonored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay Rs.5,000 along with interest
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, directing the defendant to pay Rs.5,000 along with interest from the last installment due date. The defendant's other defenses regarding payments were not substantiated.
Why Plaintiff Won:
Plaintiff established that the defendant owes Rs. 1,01,165 to the plaintiff.
Plaintiff established that the defendant owes Rs. 1,01,165 to the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that plaintiff has established that defendant owes Rs. 1,01,165 to plaintiff.
Judgment Evidence:
In the result, suit is decreed in part on the following terms: Defendant shall pay Rs.5,000 along with interest @9% from 11.08.2015 till the date of decree and 6% from the date of decree till payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pratheeksha Kuries and Investments Pvt. Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Prasanth.T.S.
- Relation
- S/o
Plaintiffs Documents
Resolution No.33, Agreement dated 11.04.2012, Bond executed by defendant, Demand notice dated 16.07.2015, Certified copy of dishonor memo dated 11.12.2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. Paul Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Desi Mathai
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jiji K. Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lovely K.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Recovery of Rs.5,000/- with interest from the defendant.
Evidence:
Accordingly I am satisfied that plaintiff is entitled to realize the last installment of Rs.5,000/- which was defaulted on 11.08.2015 with interest.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorization for the accountant of plaintiff company to conduct case and adduce evidence.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between plaintiff and defendant regarding the chitty transaction.
Reference:
Ext.A2
Document Type:
Bond
Submitted By:
Plaintiff
Relevance:
Bond executed by defendant in favour of plaintiff.
Reference:
Ext.A3
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application for sanction of chitty amount submitted by defendant.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt acknowledging the receipt of Rs.1,90,000/- by the defendant.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note issued by defendant for the amount due.
Reference:
Ext.A6
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Copy of demand notice issued by plaintiff to defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the demand notice.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the demand notice.
Reference:
Ext.A9
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Certified copy of cheque issued by the defendant for settlement.
Reference:
Ext.A10
Document Type:
Dishonor memo
Submitted By:
Plaintiff
Relevance:
Copy of dishonor memo for the cheque issued by the defendant.
Reference:
Ext.A11
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in CC 1277/16 of Negotiable Instruments Act Court.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Prasanth.T.S. regarding realization of money
Case Code Year
Case between Pratheeksha Kuries and Investments Pvt. Ltd. vs Prasanth.T.S. regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act