Case Summary
Vineeth Raj and Arun A. S were involved in a partnership business. The plaintiff claimed that the defendant failed to pay amounts agreed upon after dissolving the partnership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹5,50,000 with interest @ 6% per annum from the date of institution of the suit till realization
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, entitling him to recover ₹5,50,000 along with interest.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The controverted averments in the plaint and the facts on the affidavit, coupled with the accompanying document, go on to prove that the plaintiff is entitled to realise ₹5,50,000/- from the plaintiff and the defendant had executed Ext.A1 cheque towards its discharge.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise ₹5,50,000 (Rupees Five Lakhs Fifty Thousand Only) from the defendant with interest @ 6% per annum from the date of institution of the suit till realization. 2. The plaintiff is also entitled to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vineeth Raj
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun A. S
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Certified copy of cheque bearing No. 000016, Certified copy of cheque return memo, Certified copy of partnership deed dated 05.12.2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jobin Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T. R Santhosh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the recovery of ₹5,50,000/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise ₹5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) from the defendant with interest @ 6% per annum from the date of institution of the suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff was granted costs associated with the suit.
Evidence:
Considering the facts and circumstances of the case, the plaintiff is entitled to costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The court recognized this cheque as evidence of the amount due from the defendant to the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque was dishonoured due to 'fund insufficient'.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the legal notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document outlines the establishment of the partnership firm.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement details the terms of dissolution of the partnership firm.
Reference:
Ext.A5
Document Type:
Dissolution Deed
Submitted By:
Plaintiff
Relevance:
This document formally dissolves the partnership as per the agreement.
Reference:
Ext.A6
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This is an earlier partnership deed referenced in the plaintiff's claims.
Reference:
Ext.A7
Document Type:
Dissolution of Partnership
Submitted By:
Plaintiff
Relevance:
This document further details the dissolution of the partnership.
Reference:
Ext.A8
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to the plaintiff to act on behalf of another.
Reference:
Ext.A9
Document Type:
IT Return Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document serves as a financial record related to the plaintiff.
Reference:
Ext.A10
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document indicates the plaintiff's compliance with GST registration.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Vineeth Raj vs Arun A. S regarding realisation of money
Case Code Year
Case between Vineeth Raj vs Arun A. S regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act