Case Summary
The plaintiff, Vadakkumkoor Chits Pvt.Ltd., represented by its Managing Director T.K.Jayakumar, is seeking to recover outstanding payments from the defendant Suresh.B.S. The defendant failed to repay subscriptions for a chitti and issued a cheque that was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹.1,30,861/- and 9% interest from 02.08.2024 till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay the claimed amount along with interest.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence regarding the dishonoured cheque and outstanding payments.
The plaintiff provided unchallenged evidence regarding the dishonoured cheque and outstanding payments.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence regarding the dishonoured cheque and outstanding payments.
The plaintiff provided unchallenged evidence regarding the dishonoured cheque and outstanding payments.
Supporting Evidence
From the unchallenged evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is directed to pay the plaint claim of ₹.1,30,861/- (Rupees One Lakh Thirty Thousand Eight Hundred and Sixty One only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 02.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vadakkumkoor Chits Pvt.Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- T.K.Jayakumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh.B.S.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque No. 626989, Cheque dishonour memo, Lawyers Notice, postal receipt, A/d card, minutes/resolution of Director Board meeting, Surety Agreements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.G.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohandas K.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover ₹.1,30,861/- with interest from the defendant.
Evidence:
The defendant is directed to pay the plaint claim of ₹.1,30,861/- (Rupees One Lakh Thirty Thousand Eight Hundred and Sixty One only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 02.08.2024 till realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Proves the amount claimed by the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Shows that the cheque was dishonoured for insufficient funds.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Informs the defendant about the dishonour of the cheque and demands payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that the legal notice was sent to the defendant.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A5
Document Type:
Board Meeting Resolution
Submitted By:
Plaintiff
Relevance:
Validates the authority of the managing director to act on behalf of the plaintiff.
Reference:
Ext.A6
Document Type:
Surety Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the security provided by the defendant's wife for the chit transaction.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Documents transactions related to the chit fund.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Cheque dishonour
Case Code
Case between Vadakkumkoor Chits Pvt.Ltd. vs Suresh.B.S. regarding realisation of money
Case Code Year
Case between Vadakkumkoor Chits Pvt.Ltd. vs Suresh.B.S. regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act