Case Summary
The plaintiff, Shijad C.B, claims that the defendant, Muneer K.M, owes him Rs. 1,20,000 for fabrication work performed. The defendant contends that he has settled all dues and that the cheques given were merely security.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the defendant, determining that no amount was due to the plaintiff and dismissed the suit.
Key Reasoning:
The court determined that no cause of action arose as the cheques were not presented for encashment.
The court determined that no cause of action arose as the cheques were not presented for encashment.
Why Defendant Won:
The court determined that no cause of action arose as the cheques were not presented for encashment.
The court determined that no cause of action arose as the cheques were not presented for encashment.
Supporting Evidence
It cannot be said that the cause of action for the suit has arisen. Ext.B1 would amply prove that there was sufficient fund in the account during the contract period.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shijad C.B
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muneer K.M
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 054881 dated 05.04.21, Cheque bearing No. 054882 dated 25.03.21, Copy of lawyer notice, Postal receipt
Defendants Documents
Transaction details bearing Account no. 5556053000029526
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Antony Shiju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.S.Muhammed Usaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Priyadevi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought recovery of Rs. 1,20,000/- from the defendant.
Evidence:
The suit is dismissed with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing no. 054881 issued by the defendant as a security for payment.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing no. 054882 issued by the defendant as a security for payment.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued to the defendant for the payment of the due amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the issuance of the lawyer notice.
Reference:
Ext.A4
Document Type:
Transaction Details
Submitted By:
Defendant
Relevance:
Transaction details bearing Account number 5556053000029526 to prove sufficient funds was available.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Shijad C.B vs Muneer K.M regarding realization of money
Case Code Year
Case between Shijad C.B vs Muneer K.M regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour