Case Summary
Sreekala. V lent ₹10,00,000 to Nisha Krishnan, who failed to repay the loan despite multiple requests. The case was filed after a dishonoured cheque was issued by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹10,00,000 with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize an amount of ₹10,00,000 with interest from the defendant. The suit was decided in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff proved the liability of the defendant to repay the loan.
The plaintiff proved the liability of the defendant to repay the loan.
Losing Side's Weaknesses:
The plaintiff proved the liability of the defendant to repay the loan.
The plaintiff proved the liability of the defendant to repay the loan.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 10,00,000₹/- (Rupees Ten lakhs only) is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹10,00,000/- (Rupees Ten Lakhs only) is due from the defendant with 6% interest from the date of the suit till date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreekala. V
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nisha Krishnan
- Relation
- W/o
Plaintiffs Documents
Original cheque bearing No. 730781, Original dishonour memo, Copy of the legal notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.R. Sanjaykumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Gayathri V.N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹10,00,000/- with interest from the defendant.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹ 10,00,000/- (Rupees Ten Lakhs only) is due from the defendant with 6% interest from the date of the suit till date of realization from the defendant and her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
In the result; the suit is decreed as follows: b) The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant as repayment for the loan obtained from the plaintiff.
Reference:
Ext.A1
Document Type:
Original dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo was issued by the bank indicating the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of the legal notice
Submitted By:
Plaintiff
Relevance:
This document evidences the legal notice sent to the defendant regarding the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of dispatch of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card is the acknowledgment of receipt of the legal notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act