Case Summary
Shakkeerkhan, a businessman, borrowed money from his friend Rajesh B.S. for urgent family needs. Despite a written agreement to repay, Rajesh failed to do so, leading Shakkeerkhan to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹5,00,000 with 6% interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff an amount of ₹5,00,000 along with 6% interest. The plaintiff was also granted costs of the suit.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintif has established his case. So the plaintif is entitled to get a decree of realization of ₹5,00,000/- (Rupees Five Lakhs only) with interest from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintif is entitled to realise ₹5,00,000/- (Rupees Five Lakhs only) with 6% interest from the date of suit till the date of realization. 2. Plaintif is also entitled to costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shakkeerkhan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh B.S.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 568896, Certified copy of dishonour memo, Advocate Notice, Certified copy of Postal Receipt, Certified copy of Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested to recover `5,00,000/- with interest from the defendant.
Evidence:
the plaintif is entitled to get a decree of realization of `5,00,000/- (Rupees Five Lakhs only) with interest from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff claimed costs of the proceedings from the defendant.
Evidence:
the defendant can be directed to pay costs of the proceedings to the plaintif.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was issued by the defendant in favor of the plaintiff for repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
A photocopy of the dishonour memo indicating the cheque issued was returned dishonoured.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
A true copy of the legal notice sent to the defendant demanding repayment of the cheque amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
A certified copy of the postal receipt related to the advocate's notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
A certified copy of the postal acknowledgment card confirming receipt of the advocate's notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Recovery of money
Case Code
Case between Shakkeerkhan vs Rajesh B.S. regarding loan repayment
Case Code Year
Case between Shakkeerkhan vs Rajesh B.S. regarding loan repayment
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act