Case Summary
This case involves Punjab National Bank seeking recovery of an amount of Rs 10,00,000/- credited to the account of Sivanandan. M by mistake. The second defendant, Umesh Unnikrishnan Nambisan, did not appear in court and is set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants do pay to the plaintiff the sum of Rs 10,00,000/- with interest at the specified rates.
Case Type
Commercial Suit
Final Judgment
No
The court found that the defendants are jointly and severally liable to pay the plaintiff the amount of Rs 10,00,000/- along with interest due to a mistaken crediting of funds.
Why Plaintiff Won:
The amount was credited to the account of the first defendant by mistake, which the plaintiff bank proved.
The amount was credited to the account of the first defendant by mistake, which the plaintiff bank proved.
Losing Side's Weaknesses:
The amount was credited to the account of the first defendant by mistake, which the plaintiff bank proved.
The amount was credited to the account of the first defendant by mistake, which the plaintiff bank proved.
Supporting Evidence
The fact that exhibit A1 cheque was returned without being honored stands proved. When the plaintiff has proved the mistake in crediting the amount in the account of the first defendant, the first defendant cannot be allowed to retain the benefit obtained under such mistake.
Judgment Evidence:
In view of the finding on the first, second, third and fourth issues, it is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 10,00,000/- (Rupees Ten Lakhs Only) with interest thereon at the rate of 9% per annum from the date of suit till this day and with interest thereon at the rate of 6% per annum from this day till the date of realisation of the said sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab National Bank
- Party Role
- Defendant
- Party Name
- Sivanandan. M
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Umesh Unnikrishnan Nambisan
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Cheque No. 460963, Payment slip, Cheque return memo dated 14/09/2018, Letter, Postal Acknowledgment Card, Lawyer notice, Postal receipt, Reply to lawyer notice, Letter, Copy of Cheque, Account statement
Defendants Documents
Account Passbook, Cheque No.594343, Bank Notice, Bank Notice, Copy of complaint to banking ombudsman
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Subramanyian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M Hemachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joseph Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Princy.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the sum of Rs 10,00,000/-.
Evidence:
It is hereby ordered that the defendants do pay to the plaintiff the sum of Rs 10,00,000/-.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the cheque that was dishonoured.
Reference:
Ext.A1
Document Type:
Payment Slip
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is a payment slip related to the transaction.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the cheque return memo indicating the dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is a letter related to the case.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is a postal acknowledgment card.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A6 is a lawyer's notice sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A7 is a postal receipt related to the lawyer's notice.
Reference:
Ext.A7
Document Type:
Reply to lawyer notice
Submitted By:
Plaintiff
Relevance:
Exhibit A8 is a reply to the lawyer's notice.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Exhibit A9 is a letter from the second defendant undertaking to pay.
Reference:
Ext.A9
Document Type:
Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Exhibit A10 is a copy of the cheque issued by the second defendant.
Reference:
Ext.A10
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Exhibit A11 is an account statement related to the transactions.
Reference:
Ext.A11
Document Type:
Account Passbook
Submitted By:
Defendant
Relevance:
Exhibit B1 is the account passbook of the first defendant.
Reference:
Ext.B1
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Exhibit B2 is a cheque issued by the second defendant.
Reference:
Ext.B2
Document Type:
Bank Notice
Submitted By:
Defendant
Relevance:
Exhibit B3 is a bank notice issued to the defendants.
Reference:
Ext.B3
Document Type:
Bank Notice
Submitted By:
Defendant
Relevance:
Exhibit B4 is another bank notice relevant to the case.
Reference:
Ext.B4
Document Type:
Copy of complaint to banking ombudsman
Submitted By:
Defendant
Relevance:
Exhibit B5 is a copy of the complaint made to the banking ombudsman.
Reference:
Ext.B5
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Exhibit B5(a) is a postal acknowledgment card related to the complaint.
Reference:
Ext.B5(a)
Case Classification
Case Type
Commercial Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Recovery of money
Case Code
C.S.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act