Case Summary
A.K. Paul is the plaintiff who lent money to Shine Raj S.R., the defendant, with an assurance of repayment. The defendant failed to honor a cheque issued for repayment, leading to this lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is hereby directed to pay the plaint claim of Rs. 3,27,000/- along with 12% interest from the date of the suit ie. 09.04.2024 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to repay Rs. 3,27,000/- along with 12% interest.
Why Plaintiff Won:
The defendant admitted the plaint claim and consented to the decree as per the relief sought.
The defendant admitted the plaint claim and consented to the decree as per the relief sought.
Losing Side's Weaknesses:
The defendant admitted the plaint claim and consented to the decree as per the relief sought.
The defendant admitted the plaint claim and consented to the decree as per the relief sought.
Supporting Evidence
Heard the learned counsel for the plaintiff and I have perused the documents produced. Order 12 Rule 6 of CPC empowers the Court to pass judgment on admission of the parties.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the plaint claim of Rs. 3,27,000/- along with 12% interest from the date of the suit ie. 09.04.2024 till the date of decree and at the rate of 6% interest upon the principle amount due from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K. Paul
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shine Raj S.R.
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.V. Shiji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.S. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Parvathi Harish Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaint claim of Rs. 3,27,000/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the plaint claim of Rs. 3,27,000/- along with 12% interest from the date of the suit ie. 09.04.2024 till the date of decree and at the rate of 6% interest upon the principal amount due from the date of decree till realization.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant was presented for payment but returned due to insufficient funds.
Reference:
null
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff issued a lawyer notice regarding the dishonour of the cheque and demanded payment.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between A.K. Paul vs Shine Raj S.R. regarding realization of money.
Case Code Year
Case between A.K. Paul vs Shine Raj S.R. regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act