Case Summary
The case involves Malabar Institute of Medical Sciences Ltd. as the plaintiff and Mr. Ishak. P. K as the defendant. It concerns the recovery of a debt after the defendant's mother was treated in the hospital and the payment was not honored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.1,59,934/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, entitling them to recover a total of Rs.1,59,934/- from the defendant along with applicable interest.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and documents.
The plaintiff proved their case through unchallenged testimony and documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and documents.
The plaintiff proved their case through unchallenged testimony and documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.1,59,934/- (Rupees one lakh fifty nine thousand nine hundred and thirty four only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and thereafter at 6 percent till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Malabar Institute of Medical Sciences Ltd.
- Party Role
- Defendant
- Party Name
- Mr. Ishak. P. K
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Attested copy of the patient bill summary dated 07.12.2022, certified copy of ledger extract for the periods from 01.12.2022 to 07.12.2022, original cheque No.215895 dated 16.08.2023, original memo issued from HDFC Bank dated 19.09.2023, copy of registered notice sent to the defendant dated 18.10.2023, copy of PLP 283/2024 filed before the Legal Services Authority dated 19.05.2024, authorization given by MIMS Ltd to Legal Officer dated 30.05.2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. S. Rajagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize Rs.1,59,934/- from the defendant with interest.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realize Rs.1,59,934/- (Rupees one lakh fifty nine thousand nine hundred and thirty four only) from the defendant with interest at the rate of 9 percent from date of suit till date of decree and thereafter at 6 percent till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Patient Bill Summary
Submitted By:
Plaintiff
Relevance:
Attested copy of the patient bill summary dated 07.12.2022 showing the total amount due.
Reference:
Ext.A1
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Certified copy of ledger extract for the periods from 01.12.2022 to 07.12.2022.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original of the cheque No.215895 drawn on M/s. HDFC Bank Ltd dated 16.08.2023, issued for the amount due.
Reference:
Ext.A3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Original of the memo issued from M/s. HDFC Bank Ltd dated 19.09.2023, indicating that the cheque was dishonored.
Reference:
Ext.A4
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Copy of the registered notice sent to the defendant dated 18.10.2023, demanding the payment for the dishonored cheque.
Reference:
Ext.A5
Document Type:
Legal Services Authority Filing
Submitted By:
Plaintiff
Relevance:
Copy of PLP 283/2024 filed before the Hon’ble Legal Services Authority dated 19.05.2024.
Reference:
Ext.A6
Document Type:
Authorization
Submitted By:
Plaintiff
Relevance:
Authorization given by MIMS Ltd to Legal Officer dated 30.05.2017.
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
Recovery of money
Case Code
Case between Malabar Institute of Medical Sciences Ltd. vs Mr. Ishak. P. K regarding realization of money
Case Code Year
Case between Malabar Institute of Medical Sciences Ltd. vs Mr. Ishak. P. K regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour