Case Summary
This case involves the Union Bank of India seeking to recover money from Sri. Arvind Kumar. The bank claims that a cheque presented by the defendant was dishonoured due to insufficient funds, and they are entitled to recover the differential amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.87,146.79 together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the amount claimed along with interest.
Why Plaintiff Won:
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness.
The plaint averments stand proved from the unrebutted evidence of the plaintiff's witness.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A9 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.87,146.79 together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Arvind Kumar
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Original cheque bearing No. 000057, Cheque return memo, True copy of the statement of account for the period 10.02.2017 to 17.10.2018, Certificate u/s 2A (a) of the Bankers Evidence Act, True copy of the email communication, True copy of the reply, True copy of the order passed by Banking Ombudsman, Certified copy of the order in WP(c) No. 17670/2019 of Hon’ble High Court of Kerala, Certified copy of the order in WA.No. 2256/2019 of Hon’ble High Court of Kerala.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.B Premachandra Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G.Sreenivasa Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjaly.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff bank is allowed to recover Rs. 87,146.79 together with interest from the defendant.
Evidence:
The plaintiff bank is entitled to recover an amount of 87,146.79 with interest from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff bank is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was presented by the defendant for collection but was dishonoured due to insufficient funds.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque return memo provided details about the dishonouring of the cheque.
Reference:
Ext.A2
Document Type:
True copy of the statement of account
Submitted By:
Plaintiff
Relevance:
The statement of account is evidence of the defendant's account balance and transaction history.
Reference:
Ext.A3
Document Type:
Certificate u/s 2A (a) of the Bankers Evidence Act
Submitted By:
Plaintiff
Relevance:
This certificate serves as evidence under the Banking Evidence Act.
Reference:
Ext.A4
Document Type:
True copy of the email communication
Submitted By:
Plaintiff
Relevance:
The email communication notified the defendant about the dishonoured cheque and the lien on his account.
Reference:
Ext.A5
Document Type:
True copy of the reply
Submitted By:
Plaintiff
Relevance:
The reply from the defendant declining to pay the balance amount is crucial to the case.
Reference:
Ext.A6
Document Type:
True copy of the order passed by Banking Ombudsman
Submitted By:
Plaintiff
Relevance:
The order from the Banking Ombudsman is relevant to the defendant's complaints.
Reference:
Ext.A7
Document Type:
Certified copy of the order in WP(C) No. 17670/2019
Submitted By:
Plaintiff
Relevance:
This order from the High Court addressed the defendant's challenge to the Ombudsman's decision.
Reference:
Ext.A8
Document Type:
Certified copy of the order in WA.No. 2256/2019
Submitted By:
Plaintiff
Relevance:
This order from the High Court was related to the defendant's writ appeal.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Cheque dishonour
Case Code
Case between Union Bank of India vs Sri. Arvind Kumar regarding realisation of money
Case Code Year
Case between Union Bank of India vs Sri. Arvind Kumar regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act