Case Summary
The plaintiff, A.P. Mani, is suing the defendant, M.Vineesh, for failing to repay a loan of Rs.1,50,000 which was issued for construction purposes. Despite repeated demands and the issuance of a cheque, the defendant did not honor the payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,50,000/- with interest at 9% per annum from the date of suit till the date of decree and 6% per annum from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, directing the defendant to pay the amount claimed along with interest and costs.
Why Plaintiff Won:
The court found the plaintiff's case to be proved by unchallenged oral testimony and supporting documents.
The court found the plaintiff's case to be proved by unchallenged oral testimony and supporting documents.
Losing Side's Weaknesses:
The court found the plaintiff's case to be proved by unchallenged oral testimony and supporting documents.
The court found the plaintiff's case to be proved by unchallenged oral testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents produced.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) with interest at 9 per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.P. Mani
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.Vineesh
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.191352, Memo issued by M/s. Canara Bank, Registered Lawyer notice with postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Sreenath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.1,50,000 from the defendant with interest.
Evidence:
The plaintiff is entitled to realize Rs 1,50,000 from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The normal rule is that cost shall follow event.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to repay the loan amount.
Reference:
Ext.A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
The memo issued by the bank indicating the cheque was returned due to account being blocked.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A lawyer notice was sent to the defendant regarding the cheque return and demand for payment.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between A.P. Mani vs M.Vineesh regarding realization of money.
Case Code Year
Case between A.P. Mani vs M.Vineesh regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour