Case Summary
M/s Aiswarya Marbles and Floorings, a partnership firm, supplied flooring materials to S J Enterprises and claimed non-payment of dues. The plaintiff provided evidence for dishonored cheques and demanded payment, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.3,35,455/- along with interest @6% per annum from the date of suit till the date of decree or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 3,35,455/- along with interest. The defendants were found liable for the outstanding amount.
Why Plaintiff Won:
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
Losing Side's Weaknesses:
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
The plaintiff established a case through evidence of dishonored cheques and maintained ledger accounts.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,35,455/- with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.3,35,455/- (Rupees Three lakhs thirty five thousand four hundred fifty five only) along with interest @6% per annum from the date of suit till the date of decree or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Aiswarya Marbles and Floorings
- Relation
- represented by its Managing Partner, Girija Moorthy
- Party Role
- Defendant
- Party Name
- S J Enterprises
Plaintiffs Documents
Copy of ledger account, dishonored cheques, lawyer notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Bharathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adityan S Mannali
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rance R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alphin Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Visakh Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hasna Nazar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
An amount of Rs.3,35,455/- along with interest at the rate of 6% per annum from the date of suit till the date of decree or realization.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,35,455/- with interest from defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Ledger Account
Submitted By:
Plaintiff
Relevance:
Shows the copy of ledger account maintained with plaintiff for a period from 01.04.2021 to 31.03.2022 and 01.04.2022 to 16.12.2022.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the Cheque bearing number 000237 dated 30.03.2022.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000278 dated 06.04.2022.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000277 dated 31.03.2022.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original of the Cheque bearing number 000279 dated 08.04.2022.
Reference:
Ext.A5
Document Type:
Dishonor Memos
Submitted By:
Plaintiff
Relevance:
Dishonor memos 4 nos. issued by the bank to the plaintiff.
Reference:
Ext.A6 Series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice dated 03.08.2022.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
True copy of reply notice dated 18.08.2022.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Aiswarya Marbles and Floorings vs S J Enterprises regarding realization of money
Case Code Year
Case between M/s Aiswarya Marbles and Floorings vs S J Enterprises regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act