Case Summary
Arun K.S lent Rs. 3,00,000 to his friend Ratheesh Kumar for construction debts. The defendant failed to repay the amount despite multiple demands, which led to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of 3,00,000/- with 6% interest from the date of the suit till the date of realization from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting him the right to recover Rs. 3,00,000 along with 6% interest and costs from the defendant.
Why Plaintiff Won:
The oral and documentary evidence establishes that the loan was given, and the repayment was not made.
The oral and documentary evidence establishes that the loan was given, and the repayment was not made.
Losing Side's Weaknesses:
The oral and documentary evidence establishes that the loan was given, and the repayment was not made.
The oral and documentary evidence establishes that the loan was given, and the repayment was not made.
Supporting Evidence
The documents produced by PW1 demonstrate that DW1 is liable to pay this amount and there is no evidence on record to suggest that DW1 has discharged this liability.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 3,00,000/- (Rupees Three lakhs only) with 6% interest from the date of the suit till the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arun K.S
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ratheesh Kumar. V
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original cheque No. 013347, Original cheque return memo
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ashok P. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shelja. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muralee Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Govind . S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. Prathap Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested to recover an amount of 3,00,000/- 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 3,00,000/- (Rupees Three lakhs only) with 6% interest from the date of the suit till the date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this 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 his assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was produced and marked as Ext.A1, which was issued by the defendant as proof of the loan amount borrowed.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The cheque return memo dated 30.11.2022 was marked as Ext.A2, which indicates that the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A2
Document Type:
Application Form for Registration
Submitted By:
Unknown
Relevance:
Copy of the application form for registration was produced, establishing that PW1 was a member of the chitty.
Reference:
Ext.X1
Document Type:
Chit Amount Payment Slip
Submitted By:
Unknown
Relevance:
Copy of the chit amount payment slip dated 20.04.2022 was produced to provide evidence of monetary transactions.
Reference:
Ext.X2
Document Type:
Ledger Extract
Submitted By:
Unknown
Relevance:
Copy of the ledger extract of PW1 provided evidence regarding PW1’s financial transactions.
Reference:
Ext.X3
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
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour