Case Summary
The plaintiff, K. P. Suharabi, has filed a suit against the defendants, M/s. Appollo Optical and Abdul Rasheed, for the recovery of Rs.4,50,000/- due to a loan agreement. The defendants failed to repay the amount, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realise Rs.4,50,000/- from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting her the recovery of Rs.4,50,000/- from the defendants, along with the costs of the proceedings.
Why Plaintiff Won:
The plaintiff’s case was proved by the unchallenged testimony and the documents produced in evidence.
The plaintiff’s case was proved by the unchallenged testimony and the documents produced in evidence.
Losing Side's Weaknesses:
The plaintiff’s case was proved by the unchallenged testimony and the documents produced in evidence.
The plaintiff’s case was proved by the unchallenged testimony and the documents produced in evidence.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by her.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.4,50,000/- (Rupees Four lakh fifty thousand only) from the defendant. 2. The defendant shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. P. Suharabi
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M/s. Appollo Optical
- Relation
- Rep by Managing Director
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the agreement dated 01.01.2020, Exhibit A2 is the office copy of the lawyer notice dated 17.11.2021, Exhibit A3 series two in number are the postal receipts, Exhibit A4 is the returned notice issued to defendant No 1 and exhibit A5 is the returned notice issued to defendant No 2.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Ramachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. V. P. Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Realisation of Rs.4,50,000/- from the defendants
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realise Rs.4,50,000/- (Rupees Four lakh fifty thousand only) from the defendant.
Relief Type:
Cost
Outcome:
Granted
Description:
Costs of the proceedings to be paid by the defendants
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Executed an agreement for loan amounting to Rs.4,50,000/-
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent notice demanding repayment of borrowed money
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending communication regarding the loan
Reference:
Ext.A3
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice issued to defendant No. 1
Reference:
Ext.A4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice issued to defendant No. 2
Reference:
Ext.A5
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 K. P. Suharabi vs M/s. Appollo Optical regarding realisation of money
Case Code Year
Case between K. P. Suharabi vs M/s. Appollo Optical regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act