Case Summary
The plaintiff, Sunny Abraham, is claiming an amount of Rs. 2,53,840/- from the defendants Rijo E C and Shiby K R due to dishonored cheques. The defendants borrowed money from the plaintiff but failed to repay it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.2,53,840/- along with interest @12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established that the defendants borrowed the amount and failed to repay it.
The plaintiff successfully established that the defendants borrowed the amount and failed to repay it.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.2,53,840/- along with interest @12% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Sunny Abraham (69 years)
kachappillil House, Mulamthuruthy, Ernakulam District, Pin- 682312
Defendants
Rijo E C (45 years)
Edayathuchirayil, Thurithimattathil Residency, Vayaloram Road, Poonthottathupara, Mulanthuruthy P O, Ernakulam- 682314
Shiby K R (41 years)
Edayathuchirayil, Thurithimattathil Residency, Vayaloram Road, Poonthottathupara, Mulanthuruthy P O, Ernakulam- 682314
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.2,53,840/- along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.2,53,840/- (Rupees Two lakhs fiftythree thousand, eighty hundred and forty only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
True copy of the cheque bearing No. 218251 dated 01.04.2024 for Rs.2,50,000/- drawn on Federal bank Mulamthuruthy Branch.
Reference:
Ext.A1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Copy of the return memo dated 06.04.2024 issued in respect of cheque bearing No. 218251.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice dated 24.07.2024 issued to the 2nd defendant.
Reference:
Ext.A3
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Copy of the acknowledgement Card signed by the 2nd defendant.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
True copy of the cheque bearing No. 000004 dated 17.07.2024 for Rs.1,20,000/- drawn on ESAF Small Finance Bank Ltd, Piravom branch executed and issued by the 1st defendant.
Reference:
Ext.A5
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Copy of the dishonour memo dated 14.08.2024 issued in respect of cheque bearing No. 000006.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice dated 22.08.2024 issued to the 1st defendant.
Reference:
Ext.A7
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Copy of the acknowledgement Card signed by the 1st defendant.
Reference:
Ext.A8
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
True copy of the cheque bearing No. 000006 dated 22.07.2024 for Rs.1,10,000/- drawn on ESAF Small Finance Bank Ltd, Piravom branch executed and issued by the 1st defendant.
Reference:
Ext.A9
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Copy of the dishonour memo dated 14.08.2024 issued in respect of cheque bearing No. 000004.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice dated 23.08.2024 issued to the 1st defendant.
Reference:
Ext.A11
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Copy of the acknowledgement Card signed by the 1st defendant.
Reference:
Ext.A12