Case Summary
Siju K.G filed a suit against M.P.Reji for the recovery of ₹5,50,000, which was meant to be refunded after vacating a property. The plaintiff claims the cheque issued by the defendant was dishonored due to insufficient funds, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
The cheque was deemed validly executed, and the court found that the defendant had a liability to repay the amount due.
Judgment Evidence:
In the result, the suit is decreed as follow- 1) The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Parties Involved
Plaintiffs
Siju K.G (43 years)
Kuzhiyamvelil house, South Chitoor (P.O), Cheranalloor village, Kanayannur taluk, Ernakulam District, Kochi – 682 027
Defendants
M.P.Reji (49 years)
No. 10 C, Asset Citybay, Chathari, Tripunithura, Nadama Village, Kanayannut taluk, Ernakulam district, Pin – 682 301
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of ₹6,10,273/- from the defendant along with applicable interest.
Evidence:
In the result, the suit is decreed as follow- 1) The defendant shall pay the plaintiff Rs. 6,10,273/- along with interest @12% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled for costs of the suit.
Evidence:
Plaintiff is also entitled for costs of the suit.
Documents & Evidence
Document Type:
Possession Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show the legal notification of possession by Bank of Baroda.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was presented as evidence of the payment due from the defendant to the plaintiff, which was dishonored.
Reference:
Ext.A2
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo was used to demonstrate that the cheque was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendant demanding payment after the dishonor of the cheque.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document was included to confirm receipt of the notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Discharge Petition
Submitted By:
Plaintiff
Relevance:
This petition documented the defendant's admission regarding the loan and mortgage related to the property.
Reference:
Ext.A6
Document Type:
Notice from Advocate Commissioner
Submitted By:
Plaintiff
Relevance:
This notice confirmed the visit of the advocate commissioner regarding the possession of the property.
Reference:
Ext.A7
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
This document relates to a previous order affecting the case.
Reference:
Ext.A8
Document Type:
Complaint Copy
Submitted By:
Defendant
Relevance:
This document was used to reference the legal complaint filed by the plaintiff against the defendant.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
This document was presented to support the defendant's claim regarding possession of the property.
Reference:
Ext.B2