Case Summary
MV Kunhammu is the plaintiff who lent Rs. 1,50,000 to KP Mohandas who failed to repay the amount. The suit was initiated due to the dishonor of a cheque and the plaintiff's demand for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 1,71,600 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The plaintiff is entitled to recover Rs. 1,71,600 from the defendant with specified interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the supporting documents established the claim.
The unchallenged evidence of the plaintiff and the supporting documents established the claim.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the supporting documents established the claim.
The unchallenged evidence of the plaintiff and the supporting documents established the claim.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A4 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1The plaintiff is entitled to realise an amount of Rs. 1,71,600/- (Rupees One Lakh Seventy One Thousand and Six Hundred only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MV Kunhammu
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KP Mohandas
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Cheque No.158161 drawn on Calicut Co-operative Urban Bank, Cheque return memo, Copy of lawyer notice sent by Adv.P Muhammed Haneef.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haneefa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shiju Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of Rs. 1,71,600/- from the defendant with interest.
Evidence:
In the result, the suit is decreed as follows:- The plaintiff is entitled to realise an amount of Rs. 1,71,600/-...
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant promising to return the borrowed amount.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document showing dishonour of the cheque issued by the defendant.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Further document related to dishonour of the cheque.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant requesting repayment.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice.
Reference:
Ext.A4(b)
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Statement showing transaction history related to the case.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between MV Kunhammu vs KP Mohandas regarding realisation of money.
Case Code Year
Case between MV Kunhammu vs KP Mohandas regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act