Case Summary
The plaintiff, representing the jewelry firm Sivaani, filed a suit against the defendant for the recovery of a debt related to a gold chain purchase. The defendant failed to repay the agreed amount after a cheque was returned unpaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.1,13,536/- from the defendant with interest at the rate of 9 percent.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover a specified sum with interest from the defendant.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged testimony and documents produced.
The case of the plaintiff is proved by the unchallenged testimony and documents produced.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged testimony and documents produced.
The case of the plaintiff is proved by the unchallenged testimony and documents produced.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The plaintiff shall be entitled to realize Rs.1,13,536/- (Rupees one lakh thirteen thousand five hundred and thirty six only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadasan N.
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreedhanya M.P. Alias Dhanya
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Tax invoice No.167 dated 29.05.2023, Lawyer notice dated 06.07.2024, Postal receipt, Postal acknowledgment card, Cheque bearing No.023794 dated 22.03.2024, Cheque return memo dated 28.03.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Kumaran Kutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saphal K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.P.Abdul Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,13,536/- from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs.1,13,536/- (Rupees one lakh thirteen thousand five hundred and thirty six only) from the defendant.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 9 percent from date of suit till date of decree and future interest at the rate of 6 percent.
Evidence:
with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Document evidencing the sale of gold ornaments to the defendant amounting to Rs.1,28,991/-.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant informing about the cheque bouncing and demanding payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Unknown
Relevance:
Received with the lawyer notice as proof of sending.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Unknown
Relevance:
Received with the lawyer notice as proof of receipt by the defendant.
Reference:
Ext.A2(b)
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Cheque issued by the defendant towards repayment of the debt.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Court
Relevance:
Memo indicating that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Sivaani vs Sreedhanya M.P. Alias Dhanya regarding realization of money
Case Code Year
Case between Sivaani vs Sreedhanya M.P. Alias Dhanya regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act