Case Summary
Anilkumar has filed a suit against the legal heirs of deceased Mr. Babu, seeking to recover Rs. 53,500 with interest based on a dishonored cheque. The defendants, claiming they are not liable, argue that no financial transaction occurred between Anilkumar and the deceased.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by Anilkumar has been dismissed as the court found that the plaintiff failed to establish the existence of the alleged debt and that late Mr. Babu never executed the cheque in question.
Key Reasoning:
The defendants successfully proved that late Mr. Babu did not execute the cheque and that no financial transaction occurred between him and the plaintiff.
The defendants successfully proved that late Mr. Babu did not execute the cheque and that no financial transaction occurred between him and the plaintiff.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Through the oral and documentary evidence, the defendants established that late Mr. Babu hasn't executed and issued Ext.A1 cheque.
Judgment Evidence:
In the result, suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anilkumar
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subin Babu
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabin Babu
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunantha Babu
- Party Age
- 62
- Relation
- W/o
Plaintiffs Documents
Cheques, Advocate Notices, Intimation memo regarding returned cheque, Sale deed.
Defendants Documents
Documents providing information about the merging of banks, Certificate from Union Bank.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. D. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S.V. Shinu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff claimed recovery of `53,500/- with interest.
Evidence:
In the result, suit is dismissed.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was claimed to be issued by late Mr. Babu for the borrowed amount.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This is an office copy of the advocate notice addressed to the first defendant.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This is an office copy of the advocate notice addressed to the second defendant.
Reference:
Ext.A3
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This is an office copy of the advocate notice addressed to the third defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This postal receipt acknowledges the notice sent to the first defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This postal receipt acknowledges the notice sent to the second defendant.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This postal receipt acknowledges the notice sent to the third defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of notice by the first defendant.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of notice by the second defendant.
Reference:
Ext.A9
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of notice by the third defendant.
Reference:
Ext.A10
Document Type:
Intimation Memo
Submitted By:
Plaintiff
Relevance:
This memo relates to the return of the cheque from Catholic Syrian Bank.
Reference:
Ext.A11
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the sale deed related to the plaint schedule property.
Reference:
Ext.A12
Document Type:
Documents
Submitted By:
Defendant
Relevance:
These documents provide information about the merging of Corporation Bank into Union Bank.
Reference:
Ext.B1
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
This certificate was issued by Varkala Branch of Union Bank.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Recovery of money
Case Code
Case between Anilkumar vs Subin Babu et al regarding realization of money based on a dishonored cheque
Case Code Year
Case between Anilkumar vs Subin Babu et al regarding realization of money based on a dishonored cheque
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour