Case Summary
The plaintiff Sidhiq. A. claims that the defendant Navas.A. borrowed an amount of Rs. 5,95,000/- and issued cheques that were subsequently dishonoured. The plaintiff is seeking to recover Rs. 2,02,033/- along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.2,02,033/- together with interest at the rate of 12% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favour of the plaintiff, entitling him to recover Rs. 2,02,033/- from the defendant with interest.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
Here in this case, there is no challenge to the pleadings and the evidences adduced from the side of the plaintiff. The evidence clearly established that the defendant is indebted to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows:- Plaintiff is entitled to realise an amount of Rs.2,02,033/- (Rupees Two Lakhs Two Thousand and Thirty Three only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sidhiq. A.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Navas.A.
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 597634, Cheque Return Memo, Office copy of Lawyer’s Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kannanalloor S.Abdul Karim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of Rs.2,02,033/- with interest from the defendant.
Evidence:
In the result, the suit is decreed as follows:- Plaintiff is entitled to realise an amount of Rs.2,02,033/- (Rupees Two Lakhs Two Thousand and Thirty Three only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant in discharge of his liability to the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo provides evidence that the Ext.A1 cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the notice issued by the plaintiff demanding repayment from the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This shows proof of mailing the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof that the defendant received the legal notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Sidhiq. A. vs Navas.A. regarding Realisation of Money
Case Code Year
Case between Sidhiq. A. vs Navas.A. regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act