Case Summary
Unnikrishnan is the plaintiff who claims that Babudas borrowed Rs. 2,00,000 and failed to repay despite multiple demands. Babudas contests the suit, asserting that the claims are unfounded.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.2,20,000/- with interest at the rate of 6% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the recovery of Rs. 2,20,000 with interest.
Why Plaintiff Won:
The plaintiff successfully established the existence of a legally enforceable debt through evidence.
The plaintiff successfully established the existence of a legally enforceable debt through evidence.
Losing Side's Weaknesses:
The plaintiff successfully established the existence of a legally enforceable debt through evidence.
The plaintiff successfully established the existence of a legally enforceable debt through evidence.
Supporting Evidence
The evidence and testimonies presented by the plaintiff clearly establish that the defendant issued the signed cheque for Rs. 2,00,000/- in favour of the plaintiff in discharge of a legally enforceable debt.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,20,000/- (Rupees Two Lakhs Twenty Thousand Only) with interest at the rate of 6% per annum from the date of suit till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Unnikrishnan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babudas
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Original Cheque, Legal Notice, Postal receipt, Postal Acknowledgment Card
Defendants Documents
Photocopy of Promissory Note, Certified copy of plaint in OS 698/18, Certified copy of written Statement in OS 698/18, Original Promissory Note
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kottiyam G. Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj Rajagopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the loan amount with interest.
Evidence:
Therefore, the plaintiff is entitled to recover the cheque amount with interests from the defendant.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was issued by the defendant as security for the amount borrowed.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A legal notice was sent to the defendant demanding the repayment of the loan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt proving that the legal notice was sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card acknowledges the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Photocopy of Promissory Note
Submitted By:
Defendant
Relevance:
A photocopy of a promissory note related to the transaction, marked subject to proof.
Reference:
Ext.B1
Document Type:
Certified copy of plaint in OS 698/18
Submitted By:
Defendant
Relevance:
A certified copy of the plaint in another related case referred to by the defendant.
Reference:
Ext.B2
Document Type:
Certified copy of written Statement in OS 698/18
Submitted By:
Defendant
Relevance:
A certified copy of the written statement in the same related case.
Reference:
Ext.B3
Document Type:
Original promissory note
Submitted By:
Unknown
Relevance:
A promissory note marked through a witness from the defendant's side.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Unnikrishnan vs Babudas regarding realisation of money
Case Code Year
Case between Unnikrishnan vs Babudas regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt