Case Summary
Plaintiff, a partnership firm, sought repayment of a vehicle loan amount after defendant issued a cheque that bounced due to insufficient funds. Despite multiple notices, defendant failed to pay the amount, leading to the plaintiff filing a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs.69,200 with interest at 6% per annum and costs
Case Type
Civil Suit - Money Recovery
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
Judgment Evidence:
The plaintiff adduced cogent and reliable evidence, including the bounced cheque, return memo from the bank, lawyer notice, and postal acknowledgment, which remained unchallenged due to the defendant's absence.
Parties Involved
Plaintiffs
M/s. Bharathi Auto Finance (Age not specified years)
Door 26/175L, 204, 1st Floor, Nusrath Complex, Naduvilangadi, Tirur amsom, desom, PO. Pookkayil Bazar, Tirur Taluk
R. Rajamani (41 years)
Naduvilangadi, PO. Pookkayil Bazar, Tirur amsom, desom, Tirur Taluk
Defendants
Tharayamkandathil Shaji (Age not specified years)
Nadivulangadi, PO. Pookkayil Bazar, Tirur amsom, desom, Tirur Taluk, PIN 676 107
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recovery of Rs.69,200 with interest at 6% per annum and costs
Evidence:
The plaintiff provided unchallenged evidence, including the bounced cheque, return memo, lawyer notice, and postal acknowledgment, demonstrating the defendant's failure to fulfill the repayment.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Demonstrated the loan repayment amount and subsequent dishonor
Reference:
A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Provided proof of the cheque being returned due to insufficient funds
Reference:
A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notified the defendant of the dishonored cheque and requested repayment
Reference:
A3
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Evidenced the defendant's acknowledgment of the lawyer notice
Reference:
A4