Case Summary
The case involves K. Sreekantan Nair, the plaintiff, seeking to recover money from the defendants, who are the legal heirs of the deceased Sri. Satheesan. Satheesan borrowed money from the plaintiff and the cheques issued for repayment were dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹3,00,000 along with interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹3,00,000 from the defendants along with interest. The defendants were found liable as they inherited the debts of the deceased.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and proved the claim for recovery of debt.
The evidence presented by the plaintiff was unchallenged and proved the claim for recovery of debt.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and proved the claim for recovery of debt.
The evidence presented by the plaintiff was unchallenged and proved the claim for recovery of debt.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Plaintiff is allowed to realise ₹3,00,000 from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Sreekantan Nair
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R.Rekha @ Rekha Satheesan
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- S.R.Naveen
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S.R.Naveeth
- Party Age
- 16
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T. Sarasamma
- Party Age
- 78
- Relation
- M/o
Plaintiffs Documents
Cheque No. 925393 dated 01/11/2023, Cheque No. 925399 dated 02/11/2023, Cheque No. 768287 dated 03/11/2023, Cheque No. 768274 dated 09/11/2023, Cheque No. 768272 dated 08/11/2023, Cheque No. 925395 dated 10/11/2023, Cheque No. 877276 dated 06/11/2023, Lawyers notice dated 08/12/2023, Acknowledgment cards, Copy of Thandaper account bearing thandaper No. 33/35211
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kowdiar S. Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹3,00,000 from defendants.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is allowed to realise ₹3,00,000 from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to interest at the rate of 9% per annum.
Evidence:
Plaintiff is allowed to realise interest at the rate of 9% per annum with monthly rests from 06/11/2023 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to future interest at the rate of 6% per annum.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by defendant Satheesan, dishonored on presentation.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dishonor memo for Ext.A1.
Reference:
Ext.A1(a)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by defendant Satheesan, dishonored on presentation.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dishonor memo for Ext.A2.
Reference:
Ext.A2(a)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Series of cheques issued by defendant Satheesan, dishonored on presentation.
Reference:
Ext.A3 series
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by defendant Satheesan, dishonored on presentation.
Reference:
Ext.A4(a)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Dishonor memo for Ext.A4(a).
Reference:
Ext.A4(b)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by defendant Satheesan, dishonored on presentation.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Sent to defendants for repayment.
Reference:
Ext.A6
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Related to Ext.A6 notice.
Reference:
Ext.A7
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
Copy related to property and financial claims.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between K. Sreekantan Nair vs R.Rekha @ Rekha Satheesan et al regarding realisation of money
Case Code Year
Case between K. Sreekantan Nair vs R.Rekha @ Rekha Satheesan et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act