Case Summary
The plaintiff, Sivaani, represented by its Managing Partner Sivadasan N., filed a suit against the defendant Janardhanan for realization of money owed from a gold chain and bracelet purchase. After the defendant failed to pay, the plaintiff sought recovery of the owed amount plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.76,545/- from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for realization of Rs.76,545/- including interest. The defendant is ordered to pay the plaintiff the decreed amount along with costs.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The plaintiff shall be entitled to realize Rs.76,545/- from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadasan N.
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Janardhanan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Invoice No.51 dated 20.04.2023, Invoice No.170 dated 30.05.2023, Copy of Lawyer notice dated 06.07.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Kumaran Kutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saphal K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.P.Abdul Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.76,545/- from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs.76,545/- (Rupees seventy six thousand five hundred and forty five only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Invoice for gold chain sold to the defendant.
Reference:
Ext.A1
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Invoice for gold bracelet sold to the defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment for the bounced cheque.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant for the settlement amount.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memo showing the cheque was returned unpaid.
Reference:
Ext.A5
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Legal document establishing the partnership firm.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Sivaani vs Janardhanan regarding realization of money
Case Code Year
Case between Sivaani vs Janardhanan regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act