Case Summary
The case involves M. P. Sons Financiers seeking to recover a loan amount from M. Shiju. The plaintiff claims that the defendant defaulted on loan repayments and issued a bounced cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.62,250/- to the plaintiff with interest at the rate of 7% till the date of decree and 6% per annum thereafter.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendant to pay an amount of Rs.62,250/- along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the borrowal of the amount and the default in payments.
The plaintiff proved the borrowal of the amount and the default in payments.
Losing Side's Weaknesses:
The plaintiff proved the borrowal of the amount and the default in payments.
The plaintiff proved the borrowal of the amount and the default in payments.
Supporting Evidence
The plaint claim of borrowal of the amount and the default in the payments are proved by the affidavit of PW1 and documents No.A1 to A7.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.62,250/- (Rupees Sixty Two Thousand Two Hundred And Fifty 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
- M. P. Sons Financiers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M. Shiju
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Promissory note, Copy of lawyer notice, Postal receipt, Acknowledgment card, Reply notice, Cheque, Cheque return memo, Second lawyer notice, Postal receipt, Acknowledgment card, Reply notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreenath. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. T. P. Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Bindu. G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Amount of Rs.62,250/- directed to be paid by the defendant to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.62,250/-.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendant to the plaintiff.
Evidence:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Proves the loan amount of Rs.20,000/- and the agreement to repay.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the outstanding payment.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Responds to the lawyer notice issued by the plaintiff.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of payment attempt for Rs.60,000/-.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque was returned due to insufficient funds.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Again notifies the defendant of payment demands.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Defendant's response to the plaintiff's claims.
Reference:
Ext.A7
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 M. P. Sons Financiers vs M. Shiju regarding recovery of loan amount
Case Code Year
Case between M. P. Sons Financiers vs M. Shiju regarding recovery of loan amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour