Case Summary
Sri. Mohandas N.S. claimed that Sri. Jolly T.T. borrowed Rs.5,00,000 for business and failed to repay the amount with interest. The defendant denied the transaction, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.4,75,000 (Rupees Four Lakhs Seventy Five Thousand only) from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, declaring that the defendant owes Rs.4,75,000 to the plaintiff with interest. The suit is decreed with costs.
Why Plaintiff Won:
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
Losing Side's Weaknesses:
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
Supporting Evidence
It is evident that the defendant failed to discharge her liability of Rs.4,75,000 as she assured.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff is entitled to realize Rs.4,75,000 from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri. Mohandas N.S.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Jolly T.T. @ Jolly Thomas
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Copy of demand notice, Original postal receipt, Acknowledgment card, Attested extract of the SMS's sent by the defendant to the plaintiff, Original cheque bearing No.249228 for Rs. 3,00,000
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil S. Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajani K.N.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anila Peter
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajen Thampan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Alex Antony Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.4,75,000/- from the defendant.
Evidence:
Therefore, the plaintiff is entitled to get a decree for realization of Rs.4,75,000/- from the defendant.
Documents & Evidence
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Rejected document submitted by the plaintiff as evidence of transactions.
Reference:
Ext.A1
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice sent by the plaintiff to the defendant requesting repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt showing the delivery of the demand notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card dated 10.07.2017 confirming receipt by the defendant.
Reference:
Ext.A4
Document Type:
SMS Extracts
Submitted By:
Plaintiff
Relevance:
Attested extracts of SMS messages sent by the defendant to the plaintiff indicating requests for more time for payments.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque bearing No.249228 for Rs.3,00,000/- drawn on Federal Bank as part of the loan transaction.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 01.09.2015 to 30.09.2015 evidencing transactions.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 01.01.2014 to 31.12.2014 evidencing transactions.
Reference:
Ext.A9
Document Type:
Mobile Phone
Submitted By:
Plaintiff
Relevance:
Mobile phone produced in court to corroborate SMS exchanges between the plaintiff and defendant.
Reference:
Ext.A10
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 Sri. Mohandas N.S. vs Sri. Jolly T.T. regarding Realization Of Money
Case Code Year
Case between Sri. Mohandas N.S. vs Sri. Jolly T.T. regarding Realization Of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act