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
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.
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
Plaintiffs
Pratheeksha Kuries and Investments Pvt. Ltd. (Age not specified years)
5th floor, Marine Drive, Ernakulam, Kochi – 682 011
Defendants
Prasanth.T.S. (Age not specified years)
6/618, Thandassery House, Pallipuram.P.O., Ernakulam District, Pin – 683 515
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