Case Summary
This suit is filed by the plaintiff for the realisation of money. The defendant borrowed an amount from the plaintiff and has failed to repay it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.5,37,550/- together with interest at the rate of 6 % per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed and the plaintiff is entitled to realize an amount of Rs.5,37,550/- along with interest from the defendant.
Why Plaintiff Won:
The plaintiff succeeded in proving his case.
The plaintiff succeeded in proving his case.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case.
The plaintiff succeeded in proving his case.
Supporting Evidence
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.5,37,550/- 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
- Renjith Tampi
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geethuraj
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayakumaran Pillai
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Power of attorney dated 13/01/2022, Original cheque No.926881 dated 18/12/2021, Certified copy of dishonour memo dated 03/02/2022, Certified copy of Lawyer’s notice dated 18/02/2022, Certified copy of postal receipt dated 18/02/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajendran.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Injakkal D. Pramod Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.5,37,550/- along with interest.
Evidence:
Hence, the suit is decreed and the plaintiff is entitled to realise an amount of Rs.5,37,550/- (Rupees Five Lakhs Thirty Seven Thousand Five Hundred and Fifty 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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was submitted to establish the authority of Geethuraj to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was the basis for the claim amount against the defendant.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo supports the claim that the defendant's cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant after the cheque was dishonoured.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms that the notice was sent to the defendant.
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 Renjith Tampi vs Vijayakumaran Pillai regarding realisation of money
Case Code Year
Case between Renjith Tampi vs Vijayakumaran Pillai regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act