Case Summary
The plaintiff, S.P.Pharma Distributors, filed a suit against the defendant, Ahammed Shefeeque K.A, for recovery of an outstanding amount of Rs. 70,424/- due to dishonored cheques. The defendant failed to appear in court, resulting in the suit being decreed in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.70,424/- with 6% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 70,424/- along with interest and costs. The defendant was absent during the proceedings and was set ex parte.
Why Plaintiff Won:
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of Rs.70,424/- (Rupees Seventy thousand and four hundred twenty four only) with 6% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S.P.Pharma Distributors
- Party Role
- Defendant
- Party Name
- Ahammed Shefeeque K.A
- Party Age
- 44
Plaintiffs Documents
Tax invoice No. 1082 dated 21/01/2022, Tax invoice No. 1125 dated 28/01/2022, Tax invoice No. 1140 dated 29/01/2022, Tax invoice No. 1222 dated 15/02/2022, Tax invoice No. 1242 dated 19.02.2022, Original cheque bearing no. 772469, Original cheque bearing no. 772470, Dishonor memo issued by SBI, Vennala Branch dated 20.08.2022, Lawyer notice issued by the plaintiff dated 12/10/2022, Reply notice issued by the defendant dated 5-11-2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jommy George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Padmaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajeevan V.T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Ajith kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra N Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rona Ann Siby
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin Ashok V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff seeks recovery of the outstanding amount.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.70,424/-.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff claims interest on the outstanding amount.
Evidence:
With 6% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs.
Evidence:
The plaintiff is also entitled to the costs.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
These invoices substantiate the plaintiff's claim regarding the sale of goods to the defendant.
Reference:
Ext.A1 to A5
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
These represent the post-dated cheques issued by the defendant as part of the payment.
Reference:
Ext.A6, Ext.A7
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
These memos confirm the dishonor of the cheques presented by the plaintiff.
Reference:
Ext.A8, Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice informed the defendant of the dishonor of the cheques and demanded payment.
Reference:
Ext.A10
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This document details the defendant's response regarding the outstanding payments.
Reference:
Ext.A11
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 S.P.Pharma Distributors vs Ahammed Shefeeque K.A regarding recovery of money.
Case Code Year
Case between S.P.Pharma Distributors vs Ahammed Shefeeque K.A regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act