Case Summary
P.V.Gopalakrishnan, the plaintiff, claims that Anvar Hussain borrowed Rs.3,00,000/- and failed to repay it. The plaintiff issued a cheque that bounced, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay a sum of Rs.3,00,000/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs.3,00,000/- plus interest and costs due to the non-payment of borrowed money.
Why Plaintiff Won:
The plaintiff proved the case with unchallenged testimony and relevant documents.
The plaintiff proved the case with unchallenged testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff proved the case with unchallenged testimony and relevant documents.
The plaintiff proved the case with unchallenged testimony and relevant documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A5 documents produced by him.
Judgment Evidence:
In the result, 1.The defendant shall pay a sum of Rs.3,00,000/- (Rupees three lakhs only) to the plaintiff with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.V.Gopalakrishnan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anvar Hussain
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original promissory note, Cheque issued by the defendant, Cheque return memo, Lawyer notice sent to the defendant, Unserved lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. T. Madhavanunni
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. P.Gireesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay a sum of Rs.3,00,000/- (Rupees three lakhs only) to the plaintiff with interest.
Evidence:
The defendant shall pay a sum of Rs.3,00,000/- (Rupees three lakhs only) to the plaintiff with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note written by the defendant to the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued to the plaintiff by the defendant.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo received by the plaintiff from the bank indicating the cheque was returned as unpaid.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent by the plaintiff's counsel to the defendant.
Reference:
Ext.A4
Document Type:
Unserved Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Unserved lawyer's notice dated 28.12.2022.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between P.V.Gopalakrishnan vs Anvar Hussain regarding realisation of amount
Case Code Year
Case between P.V.Gopalakrishnan vs Anvar Hussain regarding realisation of amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act