Case Summary
The plaintiff, Asokan.A, lent Rs.6,20,000 to the defendant, M.P.Rajeev, for business purposes, which was not repaid as promised. After issuing a cheque that bounced, the plaintiff filed the suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs.6,63,400 with future interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting him the money lent along with interest.
Why Plaintiff Won:
The plaintiff proved his case through unchallenged evidence.
The plaintiff proved his case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved his case through unchallenged evidence.
The plaintiff proved his case through unchallenged evidence.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendant is directed to pay an amount of Rs.6,63,400 with future interest at 12% 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
- Asokan.A
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.P.Rajeev
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
HDFC Bank Kozhikode Branch Cheque No.000057, A memo from HDFC Bank, Kozhikode Branch, Copy of lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Manoharlal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Basheer.K.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.6,63,400/- with interest.
Evidence:
The defendant is directed to pay an amount of Rs.6,63,400/- (Rupees six lakhs sixty three thousand four hundred only) with future interest at 12% 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.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to the plaintiff as repayment for the loan.
Reference:
Ext.A1
Document Type:
Bank Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was returned due to 'payment stopped by drawer'.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant demanding repayment of the loan amount.
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
Non-payment of Loan
Case Code
Case between Asokan.A vs M.P.Rajeev regarding realisation of money
Case Code Year
Case between Asokan.A vs M.P.Rajeev regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour