Case Summary
Plaintiff filed suit against the defendant seeking realisation of a loan amount of Rs. 5,00,000 borrowed by defendant for business expansion.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 2,18,501 with interest
Case Type
Civil Suit - Debt Realisation
Final Judgment
No
Plaintiff entitled to Rs. 2,18,501 with interest; defendant liable to pay costs.
Why Plaintiff Won:
Defendant admitted borrowing amount and partial repayment; cheque issued by defendant for repayment supported plaintiff's claim.
Defendant admitted borrowing amount and partial repayment; cheque issued by defendant for repayment supported plaintiff's claim.
Losing Side's Weaknesses:
Defendant admitted borrowing amount and partial repayment; cheque issued by defendant for repayment supported plaintiff's claim.
Defendant admitted borrowing amount and partial repayment; cheque issued by defendant for repayment supported plaintiff's claim.
Supporting Evidence
The case is that cheque which was forcefully obtained from defendant were used for creation of this Ext. A1.
Judgment Evidence:
The suit is decreed as follows: The defendant is hereby directed to pay the plaintiff an amount of Rs. 2,18,501/- with interest thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhimohamed
- Party Age
- 58
- Relation
- Son of Abdulla
- Party Role
- Plaintiff
- Party Name
- Arshad
- Party Age
- 25
- Relation
- Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Abdul Razak
- Party Age
- 49
Plaintiffs Documents
Cheque No.985106, Cheque return Memo, Cheque No.985102, Cheque return Memo, Copy of registered notices, Account statements
Defendants Documents
Canara Bank Receipts, Pay-in-Slips of Canara Bank
Advocates
Reliefs
Relief Type:
Debt Realisation
Outcome:
Granted
Description:
Payment of Rs. 2,18,501 with interest
Evidence:
The suit is decreed as follows: The defendant is hereby directed to pay the plaintiff an amount of Rs. 2,18,501/- with interest thereon.
Documents & Evidence
Document Type:
Cheque Document
Submitted By:
Plaintiff
Relevance:
Cheque No.985106 of Dhanalakshmi Bank, Tirur
Reference:
Ext.A1
Document Type:
Bank Receipt
Submitted By:
Defendant
Relevance:
Canara Bank Receipt
Reference:
B1
Case Classification
Case Type
Civil Suit - Debt Realisation
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kunhimohamed vs Abdul Razak regarding loan realisation
Case Code Year
Case between Kunhimohamed vs Abdul Razak regarding loan realisation
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour