Case Summary
The case involves Arun Kumar D.O as the plaintiff and Saji R.P as the defendant. The plaintiff claims that the defendant borrowed Rs.11,50,000 and has failed to repay the amount despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs. 9,32,400 with interest at the rate of 6% per annum from the date of suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.9,32,400 with interest at 6% per annum.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 9,32,400/- (Rupees Nine lakhs Thirty Two thousand and Four hundred only) to the plaintiff with interest at the rate of 6% per annum from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arun Kumar D.O
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saji R.P
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Savings bank pass book (2 Nos), Original Cheque bearing No.185815, Copy of dishonour intimation, Copy of legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajun Krishna U.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 9,32,400/- from the defendant.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs. 9,32,400/- (Rupees Nine lakhs Thirty Two thousand and Four hundred only) to the plaintiff with interest at the rate of 6% per annum from the date of suit till date of realization.
Documents & Evidence
Document Type:
Savings Bank Pass Book
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's financial transactions.
Reference:
Ext.A1 and A1(a)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant which was dishonoured.
Reference:
Ext.A2
Document Type:
Dishonour intimation
Submitted By:
Plaintiff
Relevance:
Document confirming the cheque was returned due to account closure.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding repayment of the loan.
Reference:
Ext.A4
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
Case between Arun Kumar D.O vs Saji R.P regarding realization of money.
Case Code Year
Case between Arun Kumar D.O vs Saji R.P regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act