Case Summary
Sanju Paul Kadavil filed a petition against Vince Martin for the recovery of a loan amounting to Rs. 10,00,000 along with interest. The case involves allegations of dishonored cheques and claims regarding a promissory note.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment before judgment for Rs. 10,00,000
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for attachment before judgment and ordered the defendants to furnish security for the plaint claim amount.
Why Plaintiff Won:
The plaintiff established a prima facie case of dishonored cheques and the need for attachment to secure the claim.
The plaintiff established a prima facie case of dishonored cheques and the need for attachment to secure the claim.
Losing Side's Weaknesses:
The plaintiff established a prima facie case of dishonored cheques and the need for attachment to secure the claim.
The plaintiff established a prima facie case of dishonored cheques and the need for attachment to secure the claim.
Supporting Evidence
The petitioner in his affidavit clearly stated that he got reliable information that the respondent is trying to alienate the assets.
Judgment Evidence:
In the result, the petition is allowed as follows: Defendants/counter petitioners to furnish security for the plaint claim amount of Rs.10,00,000/- within a period of 30 days in the meanwhile a conditional order of attachment before judgment passed so as to attach 2.7 ares property out of the plaint schedule property in Veiloor Village, Thiruvananthapuram District.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sanju Paul Kadavil
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vince Martin
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Promissory Note dated 02.06.2023, Original Cheque dated 02.01.2025, Statement dated 14.01.2025, Notice dated 18.01.2025
Defendants Documents
Statement dated 22.11.2023, Copy of Caveat No.21/25, Copy of OS.120/25
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Hari.S.Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.J.Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Attachment
Outcome:
Granted
Description:
Attachment of property before judgment due to risk of alienation.
Evidence:
The court views that the petition can be allowed due to the potential risk of disposing off the property by the respondent.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Used to establish the debt owed to the plaintiff by the counter petitioner.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Instrument of repayment that was dishonored.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notification of cheque dishonor.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The counter petitioner's response denying the transactions.
Reference:
Ext.A7
Document Type:
Statement
Submitted By:
Defendant
Relevance:
Evidence submitted by the counter petitioner.
Reference:
Ext.B1
Document Type:
Copy of Caveat
Submitted By:
Defendant
Relevance:
Documentation related to a legal safeguard filed by the counter petitioner.
Reference:
Ext.B2
Document Type:
Copy of OS
Submitted By:
Defendant
Relevance:
Related to another pending legal case involving the counter petitioner.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of Loan
Case Code
OS.NO.
Case Code Year
2025
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act