Case Summary
Ramesan N.K filed a suit against Ajith A.M for the recovery of money that was lent for a business that never started. The defendant failed to repay the amount after issuing a cheque that was dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹2,31,000 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay an amount of ₹2,31,000 with interest at the rate of 6% per annum from the date of the suit.
Why Plaintiff Won:
The evidence from the plaintiff established the debt owed by the defendant.
The evidence from the plaintiff established the debt owed by the defendant.
Losing Side's Weaknesses:
The evidence from the plaintiff established the debt owed by the defendant.
The evidence from the plaintiff established the debt owed by the defendant.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of ₹2,31,000 with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramesan N.K
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajith A.M
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 214525, Cheque returning memo, Office copy of lawyer notice, Postal Acknowledgment Card, Returned Postal Envelope
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Tom C Kandathil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathai K.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of 2,31,000/- from the defendant.
Evidence:
I am of the opinion that the defendant owes an amount of 2,31,000/- to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest is to be calculated at the rate of 6% per annum from the date of the suit till realization.
Evidence:
fixing the rate of interest at 6% per annum (simple interest) will suffice interest of justice.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant as a repayment for the amount borrowed from the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque returning memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
It confirms the delivery of the lawyer's notice to the defendant.
Reference:
Ext.A4
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope shows the return of the notice sent to the defendant's home address.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Ramesan N.K vs Ajith A.M regarding money recovery
Case Code Year
Case between Ramesan N.K vs Ajith A.M regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act