Case Summary
The plaintiff, Thomas. T.P., is suing the defendant, A.V. Vineeth, for the recovery of a sum of 9,50,000 due to financial assistance provided over several transactions. The plaintiff claims the defendant defaulted on repayment and dishonored a cheque.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to provide adequate evidence linking the defendant to the alleged financial assistance and transactions.
The plaintiff failed to provide adequate evidence linking the defendant to the alleged financial assistance and transactions.
Judgment Evidence:
In the result, the suit is dismissed. The defendant is entitled to the costs of the suit from the plaintiff.
Parties Involved
Plaintiffs
Thomas. T.P. (48 years years)
Thottukadavil House, Kanjiramattam, Amballur.P.O., Ernakulam
Defendants
A.V. Vineeth (33 years years)
Ammazhathu House, Tripunithura, Puthiyakavu, Kaniyamvely road, Thekkumbhagam, Ernakulam - 682 301, Puthiyakavu P.O., Tripunithura
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover an amount of 9,50,000/- from the defendant.
Evidence:
I am of the opinion that the plaintiff has not properly established before the court that he is entitled to realize the amount as claimed for in the plaint.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was presented for collection but was dishonoured due to insufficient funds.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document indicates the dishonour of the cheque issued by the defendant.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Copy of declaration
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A4
Document Type:
Gold Loan ledger
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A5 series
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A6 series
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant regarding the money owed.
Reference:
Ext.A7
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X1
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X1(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X2
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X2(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X3
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X3(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X4
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X4(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X5
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X5(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X6
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X6(a)
Document Type:
Gold Loan ledger
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X7
Document Type:
Section 65 B Certificate
Submitted By:
Unknown
Relevance:
Certification related to the gold loan ledger.
Reference:
X7(a)
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X8
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X8(a)
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X8(b)
Document Type:
Certificate u/s. 2 A of the Bankers Books Evidence Act
Submitted By:
Unknown
Relevance:
Used to support the plaintiff's claims.
Reference:
X10
Document Type:
Computer print out of report
Submitted By:
Unknown
Relevance:
Used to support the defendant's claims.
Reference:
X11
Document Type:
Cheque leaf status inquiry
Submitted By:
Unknown
Relevance:
Used to support the defendant's claims.
Reference:
X11(a)
Document Type:
Common Account Opening Form
Submitted By:
Unknown
Relevance:
Used to support the defendant's claims.
Reference:
X11(b)
Document Type:
Certificate u/s. 2 A of the Bankers Book of Evidence Act
Submitted By:
Unknown
Relevance:
Used to support the defendant's claims.
Reference:
X12