Case Summary
Plaintiff sought to recover Rs. 4,00,000 from the defendant, who failed to repay the loan and issued a dishonored cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of money with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff for the realisation of Rs. 4,14,465 with interest and costs from the defendant and his assets.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence including the dishonored cheque, lawyer notice, agreement, and witnesses, while the defendant remained ex-parte.
The plaintiff provided cogent and reliable evidence including the dishonored cheque, lawyer notice, agreement, and witnesses, while the defendant remained ex-parte.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence including the dishonored cheque, lawyer notice, agreement, and witnesses, while the defendant remained ex-parte.
The plaintiff provided cogent and reliable evidence including the dishonored cheque, lawyer notice, agreement, and witnesses, while the defendant remained ex-parte.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1 and 2. Therefore, I hold a view that plaintiff has proved her case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, suit is decreed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T. Soosan
- Party Age
- 45
- Relation
- W/o. Anil Kumar
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 49
- Relation
- S/o. Kumaran
Plaintiffs Documents
Exhibit A1: Cheque for Rs. 4,00,000, Exhibit A7: Agreement, Exhibit A9: Statement of account
Defendants Documents
Exhibit A1: Certified copy of cheque, Exhibit A2: Cheque return memo, Exhibit A3: Memo of South Malabar Gramin Bank, Exhibit A4: Lawyer notice, Exhibit A5: Postal receipt, Exhibit A6: Postal Acknowledgment, Exhibit A8: Assignment Deed, Ext.A9: Statement of account
Advocates
Reliefs
Relief Type:
Money Realisation
Outcome:
Granted
Description:
Recovery of Rs. 4,14,465 with interest
Evidence:
In the result, suit is decreed as follows: The plaintiff is allowed to realise Rs.4,14,465/- ( Rupees Four Lakhs Fourteen Thousand Four Hundred and Sixty Five Only) with interest at the rate of 12% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realisation from the defendant and his assets.
Relief Type:
Costs of Suit
Outcome:
Granted
Description:
Defendant to pay the costs of the suit
Evidence:
In the result, suit is decreed as follows: The plaintiff is entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Documented the dishonored cheque transaction
Reference:
Exhibit A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
An agreement executed by the defendant
Reference:
Exhibit A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provided a record of financial transactions
Reference:
Exhibit A9
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Money Realisation
Case Code
Case between T. Soosan vs Vijayan et al regarding money realisation
Case Code Year
Case between T. Soosan vs Vijayan et al regarding money realisation
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour