Case Summary
E. Kunhoyi filed a suit against Varanakkal Hussain for recovery of a loan amounting to ₹17,000, which was not paid back. The defendant issued a cheque that was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs. 17000/- to the plaintiff and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay ₹17,000 along with the costs of the suit.
Why Plaintiff Won:
The claim of borrowal of the amount and default of payments was proved by the plaintiff's affidavit and evidence.
The claim of borrowal of the amount and default of payments was proved by the plaintiff's affidavit and evidence.
Losing Side's Weaknesses:
The claim of borrowal of the amount and default of payments was proved by the plaintiff's affidavit and evidence.
The claim of borrowal of the amount and default of payments was proved by the plaintiff's affidavit and evidence.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and Exhibits No.A1 to A4.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs. 17000/- to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E. Kunhoyi
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Varanakkal Hussain
Plaintiffs Documents
Cheque No. 434921, Cheque Return Memo, Copy of Lawyer Notice, Unclaimed notice with A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rames. D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs. 17000/- (Rupees Seventeen Thousand Only) to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay Rs. 17000/- (Rupees Seventeen Thousand Only) to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the cheque bearing No.434921 drawn on Pantheerankavu Service Co-operative bank Ltd.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is a cheque return memo.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is a lawyer notice copy.
Reference:
Ext.A3
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the notice returned.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between E. Kunhoyi vs Varanakkal Hussain regarding realization of money
Case Code Year
Case between E. Kunhoyi vs Varanakkal Hussain regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act