Case Summary
Saju Bhaskaran is the plaintiff seeking to recover Rs. 3,46,010 from Ebin Simon, the defendant, due to a dishonored cheque for a generator rental agreement. The case involves evidence of unpaid dues and a lack of countervailing evidence from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 3,46,010 and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided unrebutted evidence of the claim and the dishonor of the cheque.
The plaintiff provided unrebutted evidence of the claim and the dishonor of the cheque.
Judgment Evidence:
The plaintiff is entitled to realize an amount of Rs.3,46,010/- (Rupees Three Lakhs Forty Six Thousand and Ten only) from the defendant and from his assets.
Parties Involved
Plaintiffs
Saju Bhaskaran (58 years)
Sarovaram house, PKRA-1 Choorakkadu, Thekkumbhagam villege, Poonithura P.O, Pin-682301, Ernakulam District
Defendants
Ebin Simon (33 years)
Karumancheri, Ezhupunna South P.O., Pin-688550, Alapuzha District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.3,46,010 from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.3,46,010/-(Rupees Three Lakhs Forty Six Thousand and Ten only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.3,46,010/- from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.3,46,010/- from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque drawn by the defendant for the total amount due.
Reference:
Ext.A1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to inform the defendant of the cheque dishonour.
Reference:
Ext.A3
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Cover enclosing the lawyer's notice that was returned unserved.
Reference:
Ext.A4