Case Summary
The plaintiff, R.R.V. Sanal Kumar, a businessman, lent an amount of Rs.10,00,000 to the defendant, G Praveen Gopal, who failed to repay it as promised. The plaintiff filed this suit to recover the money after the defendant's cheque was dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.10,00,000/- together with 12% interest from the date of suit till the date of decree and then with an interest at the rate of 6% from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favour of the plaintiff, ordering the defendant to pay Rs.10,00,000 along with interest and costs of the suit.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of the alternative relief sought for.
The plaintiff established his case warranting the grant of the alternative relief sought for.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 and A2 documents the plaintiff had established his case warranting the grant of the alternative relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: Plaintiffs are entitled to realise an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) together with 12% interest from the date of suit till the date of decree and then with an interest at the rate of 6% from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R.R.V. Sanal Kumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- G Praveen Gopal
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original Cheque, Original Dishonour Memo
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realise an amount of Rs.10,00,000/- together with 12% interest from the date of suit till the date of decree.
Evidence:
In the result, the suit decreed with costs as follows: Plaintiffs are entitled to realise an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) together with 12% interest from the date of suit till the date of decree and then with an interest at the rate of 6% from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are allowed to realise the cost of the suit from the defendants and their assets.
Evidence:
The plaintiffs are allowed to realise the cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This document was used to establish the agreement between the plaintiff and the defendant regarding the borrowed amount.
Reference:
Ext.A1
Document Type:
Original dishonour memo
Submitted By:
Plaintiff
Relevance:
This document indicated the dishonour of the cheque which was a critical piece of evidence in the case.
Reference:
Ext.A2
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 R.R.V. Sanal Kumar vs G Praveen Gopal regarding recovery of money
Case Code Year
Case between R.R.V. Sanal Kumar vs G Praveen Gopal regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act