Case Summary
Nakkottil Beefathima, the plaintiff, is seeking recovery of a sum due from the defendant, Mr.Jaganathan Kandiyil, regarding license fee arrears and TDS liabilities as per a license agreement. The case arises from dishonoured cheques issued by the defendant towards the said arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,83,347/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay an amount of Rs.1,83,347/- with interest to the plaintiff. Additionally, the plaintiff is entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The evidence of the plaintiff, coupled with the unchallenged documents, established the claim for recovery of dues.
The evidence of the plaintiff, coupled with the unchallenged documents, established the claim for recovery of dues.
Losing Side's Weaknesses:
The evidence of the plaintiff, coupled with the unchallenged documents, established the claim for recovery of dues.
The evidence of the plaintiff, coupled with the unchallenged documents, established the claim for recovery of dues.
Supporting Evidence
The evidence of PW1 coupled with Exts.A1 to A10 remains unchallenged. Hence, the plaintiff is entitled to get a decree as sought for.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendant is directed to pay an amount of Rs.1,83,347/- (Rupees one lakh eighty three thousand three hundred and forty seven only) with interest at 12% per annum from the date of suit till the date of decree and with interest at 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nakkottil Beefathima
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mr.Jaganathan Kandiyil
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Certified copy of licence agreement between plaintiff and defendant, Settlement agreement between plaintiff and defendant, Certified copy of Cheque bearing No. 392129 drawn on Syndicate Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhilraj
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Arungopal P.G.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a total sum from the defendant.
Evidence:
The plaintiff is entitled to realize from the defendant a total sum of Rs.1,21,340/- (Rupees one lakh twenty one thousand three hundred and forty only) along with interest and notice charges.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover costs of the suit from the defendant.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of the licence arrangement and security deposit.
Reference:
Ext.A1
Document Type:
Settlement Agreement
Submitted By:
Plaintiff
Relevance:
Document detailing the arrangement regarding payment of arrears and issuance of cheques.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant, which was returned dishonoured.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Court
Relevance:
Document evidencing the return of the first cheque due to insufficient funds.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendant towards payment of arrears.
Reference:
Ext.A5
Document Type:
Cheque Return Memo
Submitted By:
Court
Relevance:
Document evidencing the return of the second cheque due to insufficient funds.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the dishonour of the first cheque.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the dishonour of the second cheque.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Court
Relevance:
Record of legal proceedings related to the case.
Reference:
Ext.A9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document empowering the representative of the plaintiff in legal matters.
Reference:
Ext.A10
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 Nakkottil Beefathima vs Mr.Jaganathan Kandiyil regarding recovery of money
Case Code Year
Case between Nakkottil Beefathima vs Mr.Jaganathan Kandiyil regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour