Case Summary
Plaintiff lent Rs. 4,00,000 to defendant for business development, but defendant failed to repay causing cheque rejection and issued notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs. 4,00,000 with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
Defendant failed to prove repayment of the debt, hence directed to pay plaintiff Rs. 4,00,000 with interest and costs.
Why Plaintiff Won:
The defendant failed to provide credible evidence of repayment, contradicting testimonies and lack of substantial proof.
The defendant failed to provide credible evidence of repayment, contradicting testimonies and lack of substantial proof.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendant failed to provide credible evidence of repayment, contradicting testimonies and lack of substantial proof.
Judgment Evidence:
In the result the suit is decreed as follows: Defendant is directed to pay an amount of Rs. 4,00,000/- with interest at the rate of 9% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
Plaintiffs Documents
Copy of Cheque No. 900585, Memo from State Bank, Lawyer Notice, Postal receipt, Registered Notice
Defendants Documents
Page No.14 of deposition of PW1, Agreement dated 03-01-2013, Certified copy of Judgment in Criminal Appeal
Advocates
Documents & Evidence
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money Realization
Case Code
Case between Sureshbabu A vs Nisar U.T regarding money realization
Case Code Year
Case between Sureshbabu A vs Nisar U.T regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque