Case Summary
M/s Universal Pharma, represented by Santhosh Kumar.S.V, is suing Vijaya kumar.K for the recovery of a debt relating to a dishonored cheque. The defendant purchased pharmaceutical products on credit but failed to pay the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹33,892/- with future interest at the rate of 12% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the amount owed by the defendant along with interest. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
The evidence provided was sufficient to prove the defendant owed the amount to the plaintiff.
The evidence provided was sufficient to prove the defendant owed the amount to the plaintiff.
Losing Side's Weaknesses:
The evidence provided was sufficient to prove the defendant owed the amount to the plaintiff.
The evidence provided was sufficient to prove the defendant owed the amount to the plaintiff.
Supporting Evidence
The plaintiff's evidence remains unchallenged. There is no contra evidence on record.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of 33,892/- with future interest at the rate of 12% per annum from the date of suit till date of decree and thereafter 6% from the date of payment from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Universal Pharma
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vijaya kumar.K
Plaintiffs Documents
Original Cheque bearing No.254234, Original Dishonour Memo, Advocate Notice, Acknowledgment Card, Original Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Attukal Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.33,892/- with interest.
Evidence:
the plaintiff is entitled for a decree for realization of 33,892/- ₹33,892/- from the defendant as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the suit to the plaintiff.
Evidence:
The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant and presented by the plaintiff for encashment.
Reference:
Ext.A1
Document Type:
Original dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the plaintiff to the defendant for recovery of the amount due.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of delivery of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is evidence of the dispatch of the legal notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Cheque dishonour
Case Code
Case between M/s Universal Pharma vs Vijaya kumar.K regarding recovery of money
Case Code Year
Case between M/s Universal Pharma vs Vijaya kumar.K regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act