Case Summary
Hamaru. K. F is the plaintiff who lent Rs.5,00,000 to Muhammed Shafi, the defendant, who failed to repay the amount. The plaintiff has claimed the borrowed amount along with interest for the default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.5,22,500 with interest at the rate of 7% till the date of decree and 6% per annum till realisation.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay Rs.5,22,500 to the plaintiff with specified interest rates and the costs of the suit.
Why Plaintiff Won:
The plaint claim of borrowal of the amount and the default of the payments is proved.
The plaint claim of borrowal of the amount and the default of the payments is proved.
Losing Side's Weaknesses:
The plaint claim of borrowal of the amount and the default of the payments is proved.
The plaint claim of borrowal of the amount and the default of the payments is proved.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay Rs.5,22,500/(Rupees Five Lakhs Twenty Two Thousand Five Hundred only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hamaru. K. F
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Shafi
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original cheque bearing no. 002372 of Rs. 500000/-, Original cheque return memo, Copy of Lawyer Notice, Postal Receipt, Reply Lawyer Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ramees. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.5,22,500/- to the plaintiff with specified interest.
Evidence:
In the result, the suit is decreed as follows: 1.The defendant is directed to pay Rs.5,22,500/-(Rupees Five Lakhs Twenty Two Thousand Five Hundred only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is also entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant as payment for the borrowed amount.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
The memo indicates that the cheque was returned for the reason 'drawer’s signature differs'.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to inform the defendant about the cheque bouncing.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The card acknowledges receipt of the lawyer's notice.
Reference:
Ext.A3(b)
Document Type:
Reply Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The defendant's response to the lawyer's notice contains allegations against the plaintiff.
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
Non-payment of rent
Case Code
Case between Hamaru. K. F vs Muhammed Shafi regarding realisation of money
Case Code Year
Case between Hamaru. K. F vs Muhammed Shafi regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act