Case Summary
The plaintiff, Smt. Abitha Rajesh, is seeking to recover an amount from the defendant, Mohammed Jinesh, related to transactions concerning CCTV products. The defendant failed to represent himself in court, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff, an amount of 1,51,234/- with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing that the defendant must pay an amount of Rs. 1,51,234 along with interest. If the amount is not paid, the plaintiff can recover it from the defendant's assets.
Why Plaintiff Won:
The plaintiff's case was proven through uncontested evidence.
The plaintiff's case was proven through uncontested evidence.
Losing Side's Weaknesses:
The plaintiff's case was proven through uncontested evidence.
The plaintiff's case was proven through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stand proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 1,51,234/- with interest at the rate of 12% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Abitha Rajesh
- Party Age
- 39
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Smt.Reshma U
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohammed Jinesh
Plaintiffs Documents
Power of Attorney, Cheque bearing No. 230317, Cheque Return Memo, Office copy of Lawyer Notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Cherian Karippaparambil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jiji Nikhil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of Rs. 1,51,234 with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 1,51,234/-(Rupees one lakhs fifty one thousand two hundred and thirty four only) with interest at the rate of 12% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the finance manager to represent the plaintiff in the case.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was part of the transactions between the plaintiff and defendant, indicating payment due.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was returned, further supporting the plaintiff's claim for recovery.
Reference:
Ext.A4
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice is a formal demand for the payment amount due from the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of the communication sent to the defendant regarding the payment.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Smt. Abitha Rajesh vs Mohammed Jinesh regarding realisation of money.
Case Code Year
Case between Smt. Abitha Rajesh vs Mohammed Jinesh regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour