Case Summary
The plaintiff, Akshayarithu Chits Private Limited, is seeking recovery of money from the defendant, Aswathy.S.S, who served as a guarantor for her husband's chit transaction. The case involves dishonor of a cheque issued by the defendant to settle the dues from the chit transactions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff awarded Rs.7,98,277/- plus interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.7,98,277/- from the defendant along with interest. The defendant is also ordered to pay the costs of the suit to the plaintiff.
Why Plaintiff Won:
The evidence presented by the plaintiff established the defendant's liability for the cheque amount.
The evidence presented by the plaintiff established the defendant's liability for the cheque amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the defendant's liability for the cheque amount.
The evidence presented by the plaintiff established the defendant's liability for the cheque amount.
Supporting Evidence
From the available evidence, the plaintiff is entitled for a decree for realization of 7,98,277/- from the defendant as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of 7,98,277/- with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation of the suit from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Akshayarithu Chits Private Limited
- Party Role
- Defendant
- Party Name
- Aswathy.S.S
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Authorisation letter dated 01/04/2022, Deed of agreement dated 07/08/2019, Promissory note dated 07/08/2019, Cheque bearing No.027655 dated 04/05/2022, Copy of CTS return memo dated 06/05/2022, Copy of the advocate notice dated 20/05/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.L.Mohanachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.7,98,277/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of 7,98,277/- with interest at the rate of 12% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation of the suit from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the suit to the plaintiff.
Evidence:
The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
This document represents an authorization from the plaintiff for the proceedings.
Reference:
Ext.A1
Document Type:
Deed of agreement
Submitted By:
Plaintiff
Relevance:
This is the agreement related to the chit transactions.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This promissory note is a commitment by the defendant regarding the repayment.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant to settle the total liability.
Reference:
Ext.A4
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
This document provides details about the transactions and the outstanding amount.
Reference:
Ext.A5
Document Type:
Copy of CTS return memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque issued was dishonoured.
Reference:
Ext.A6
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the dishonour of the cheque.
Reference:
Ext.A7
Document Type:
Copy of postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the advocate notice.
Reference:
Ext.A8
Document Type:
Copy of acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the advocate notice by the defendant.
Reference:
Ext.A9
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 Akshayarithu Chits Private Limited vs Aswathy.S.S regarding recovery of money
Case Code Year
Case between Akshayarithu Chits Private Limited vs Aswathy.S.S regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act