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
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.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Shijad C.B (41 years years)
Velleparambil house, Chakkar parameter, Vrindavan Road, Thamanam P.O, Ernakulam
Defendants
Muneer K.M (45 years years)
Kuzhiparambil house, Chittethukara, Kakkanad, CSEZ P.O, - 682 037, Ernakulam
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