Case Summary
The plaintiff, Sree Gokulam Chits and Finance Co. Pvt. Ltd, filed a suit against Sajeev. I and others for the recovery of money owed due to default on a chit. The case involves issues related to the dishonor of cheques and the obligations of guarantors.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.6,00,989/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the realization of the amount claimed. The plaintiff was granted interest and costs associated with the case.
Why Plaintiff Won:
The plaintiff successfully proved the case with sufficient evidence regarding the debt and default by the defendants.
The plaintiff successfully proved the case with sufficient evidence regarding the debt and default by the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A25 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, The plaintiff is entitled to realise an amount of Rs.6,00,989/- (Rupees Six lakh Nine hundred and Eighty Nine Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chits and Finance Co. Pvt. Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sajeev. I
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subimol
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Smt. Sulbath Beevi @ Sulbath Shereef
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shereef
Plaintiffs Documents
Attested copy of resolution dated 02/12/2021, Joint Promissory note for 12th chittal dated 05/03/2016, Joint Promissory note for 16th chittal dated 05/03/2016, Consent for E.M dated 05/03/2016, Original sale deed No. 2749/2005.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. R. ROY
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- MANJU B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,00,989/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Attested copy of resolution
Submitted By:
Plaintiff
Relevance:
Filed as proof of the plaintiff's authority to bring the suit.
Reference:
Ext.A1
Document Type:
Joint Promissory note for 12th chittal
Submitted By:
Plaintiff
Relevance:
Document indicating the agreement for repayment by the defendants.
Reference:
Ext.A2
Document Type:
Joint Promissory note for 16th chittal
Submitted By:
Plaintiff
Relevance:
Document indicating the agreement for repayment by the defendants.
Reference:
Ext.A3
Document Type:
Consent for E.M.
Submitted By:
Plaintiff
Relevance:
Document related to the enforcement mechanism for payment.
Reference:
Ext.A4
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Provided as security for the loans extended to the defendants.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment which supports the claim to property.
Reference:
Ext.A6
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Proof of possession relevant to the case.
Reference:
Ext.A7
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Geographical evidence related to the property in question.
Reference:
Ext.A8
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Legal document showing that there are no outstanding encumbrances on the property.
Reference:
Ext.A9
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Previous title deed supporting ownership claims.
Reference:
Ext.A10
Document Type:
Letter of Acknowledgment
Submitted By:
Plaintiff
Relevance:
Evidence that debts were acknowledged by the defendants.
Reference:
Ext.A11
Document Type:
Debt Acknowledgment in 12th Chitty
Submitted By:
Plaintiff
Relevance:
Confirmation of the debt by the defendants.
Reference:
Ext.A12
Document Type:
Debt Acknowledgment in 16th Chitty
Submitted By:
Plaintiff
Relevance:
Confirmation of the debt by the defendants.
Reference:
Ext.A13
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Document evidencing a dishonored cheque issued by one of the defendants.
Reference:
Ext.A14
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Document showing the cheque was dishonored.
Reference:
Ext.A15
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants regarding the debt.
Reference:
Ext.A16
Document Type:
Certified copy of complaint
Submitted By:
Plaintiff
Relevance:
Related to the cheque case pending before the CJM, providing further context.
Reference:
Ext.A17
Document Type:
Certified copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served to notify the defendants regarding legal actions.
Reference:
Ext.A18
Document Type:
Certified copy of Return of Notice
Submitted By:
Plaintiff
Relevance:
Document related to legal proceedings indicating non-respondence.
Reference:
Ext.A19
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Another notification to the defendants related to the suit.
Reference:
Ext.A20
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending communications to the defendants.
Reference:
Ext.A21
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof that the documents were received by defendants.
Reference:
Ext.A22
Document Type:
Return postal envelope
Submitted By:
Plaintiff
Relevance:
Related to delivery of notices indicating non-acceptance.
Reference:
Ext.A23
Document Type:
Statement of Account in chit G2G/1984/DGL/12
Submitted By:
Plaintiff
Relevance:
Document showing the financial dealings related to the chit.
Reference:
Ext.A24
Document Type:
Statement Account in Chit No.G2G/1984/DGL/16
Submitted By:
Plaintiff
Relevance:
Document showing the financial dealings related to the chit.
Reference:
Ext.A25
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Sree Gokulam Chits and Finance Co. Pvt. Ltd vs Sajeev. I et al regarding realization of money
Case Code Year
Case between Sree Gokulam Chits and Finance Co. Pvt. Ltd vs Sajeev. I et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour