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
The court decreed in favor of the plaintiff, granting Rs. 3,46,010 with interest and costs from the defendant. The defendant failed to present any evidence to contest the claim.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Saju Bhaskaran
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ebin Simon
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original cheque No.069366, Original return Memo, Copy of Lawyer's notice, Original unclaimed cover enclosing the Lawyer's notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S. Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ashly John
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Saju Bhaskaran vs Ebin Simon regarding realization of money
Case Code Year
Case between Saju Bhaskaran vs Ebin Simon regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act