Case Summary
Abdul Latheef is the plaintiff in this suit against A.N. Naushad and Saleena Beevi, who are defendants, for the recovery of Rs.2 lakhs loaned for business purposes. The defendants borrowed the amount but failed to repay, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs.2,00,000 with interest at 18% per annum and future interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, Abdul Latheef, and ordered the defendants to pay Rs.2 lakhs with interest. The plaintiff is also entitled to costs from the defendants.
Why Plaintiff Won:
The defendants failed to provide convincing evidence countering the plaintiff's claims.
The defendants failed to provide convincing evidence countering the plaintiff's claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendant neither has a case that he had not put his signature in Ext.A2 cheque nor that it was not voluntarily given.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendants are directed to pay 2,00,000/- with interest at the rate of 18% per annum from 26/01/2019 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A.N. Naushad
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saleena Beevi
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Ext.A1: Passbook, Ext.A2: Cheque No. 426556, Ext.A3: Return Memo, Ext.A4: Reply Notice, Ext.A5: Legal Notice, Ext.A6: Postal receipt, Ext.A7: Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kamaleswaram. S. Manikantan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri . A.A. Hakkim
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.2,00,000/- along with interest at the rate of 18% per annum from the defendants.
Evidence:
Therefore, I find that plaintiff is entitled for realisation of 2,00,000/- from the defendant with interest at the rate of 18% per annum from 26/01/2019 till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is allowed to realise the costs of the suit from the defendants.
Evidence:
Therefore, I hold a view that plaintiff is entitled to realise the costs of suit from the defendant.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
The original passbook is marked as Ext.A1 to show the account in which the cheque would have been deposited.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque No.426556 drawn on State Bank of India dated 15/06/2019 is marked as Ext.A2 towards the legally enforceable debt.
Reference:
Ext.A2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The return memo report is marked as Ext.A3 indicating that the cheque was dishonoured due to insufficient funds in the defendant's account.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the reply notice to the legal notice issued to the defendant.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Ext.A5 is the legal notice issued by the plaintiff demanding repayment of the owed amount.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt for the legal notice sent to the defendant is marked as Ext.A6.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card for the delivery of the legal notice is marked as Ext.A7.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Abdul Latheef vs A.N. Naushad et al regarding recovery of money
Case Code Year
Case between Abdul Latheef vs A.N. Naushad et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act