Case Summary
Rajeev Gopalakrishnan, the plaintiff, filed a suit against his friend Shiyad Salam for the repayment of a loan of ₹5,00,000. The defendant borrowed the money but failed to repay, and a cheque issued for the repayment was dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹6,33,821 together with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover ₹6,33,821 from the defendant.
Why Plaintiff Won:
The plaintiff succeeded in proving his case through the evidence provided, including the dishonoured cheque.
The plaintiff succeeded in proving his case through the evidence provided, including the dishonoured cheque.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.6,33,821/- (Rupees Six Lakhs Thirty-Three Thousand Eight Hundred and Twenty One only), together with interest at the rate of 6 % per annum from the date of suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeev Gopalakrishnan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiyad Salam
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original cheque No.762761, Dishonour Memo, Office copy of Lawyer’s notice, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shanavas B B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,33,821/- together with interest.
Evidence:
In the result, The suit is decreed and the plaintiff is entitled to realise an amount of Rs.6,33,821/- (Rupees Six Lakhs Thirty-Three Thousand Eight Hundred and Twenty One only), together with interest at the rate of 6 % per annum from the date of suit till the realization from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No.762761 dated 05/07/2024 for an amount of Rs.5,00,000/-.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo dated 29/07/2024 stating reason 'Funds Insufficient.'
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer’s notice dated 31/07/2024.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 02/08/2024.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Rajeev Gopalakrishnan vs Shiyad Salam regarding realization of money.
Case Code Year
Case between Rajeev Gopalakrishnan vs Shiyad Salam regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act