Case Summary
The plaintiffs, S. Karunakaran Nair and Lalitha K. Nair, are seeking to recover an amount due from the defendants, M/s. Emessar Chit Funds and its representatives, after a chitty investment. The defendants failed to repay the money despite receiving it from the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 6,07,130 with further interest at the rate of 6% from 07/02/2019 till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them the amount due along with interest. The defendants were found liable for the repayment.
Why Plaintiff Won:
The defendants owed the amount to the plaintiffs as claimed in the suit. The plaintiffs' evidence was unchallenged.
The defendants owed the amount to the plaintiffs as claimed in the suit. The plaintiffs' evidence was unchallenged.
Losing Side's Weaknesses:
The defendants owed the amount to the plaintiffs as claimed in the suit. The plaintiffs' evidence was unchallenged.
The defendants owed the amount to the plaintiffs as claimed in the suit. The plaintiffs' evidence was unchallenged.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit. There is no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiffs are entitled to realise an amount of Rs. 6,07,130/- with further interest at the rate of 6% from 07/02/2019 till the date of realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Karunakaran Nair
- Party Age
- 75
- Party Role
- Plaintiff
- Party Name
- Lalitha K. Nair
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Emessar Chit Funds
- Relation
- represented by its authorized signatory-MSR Sukumaran
- Party Role
- Defendant
- Party Name
- MSR Sukumaran
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- S. Manohari
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Receipt of Emessar Chit Funds of Rs.1,62,814, Receipt of Emessar Chit Funds of Rs.3,50,000, Confirmation Letter, Statement of Accounts, Request Letter, Original Cheque No.000883, Original Cheque No.000893, Original Dishonour Memo, Letter from Defendant, Original Dishonour Memo, Original Cheque No.682018, Dishonour Memo, Copy of Advocate Notice, Acknowledgment Card, Reply Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jose Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sara Angel
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. R. Girija Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Chandralal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover Rs.6,07,130/- along with interest.
Evidence:
The plaintiffs are entitled for a decree for realization of Rs.6,07,130/- from the defendants as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall pay costs of the suit to the plaintiffs.
Evidence:
The defendants shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt of Emessar Chit Funds showing payment of Rs.1,62,814/- received by the second defendant.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt of Emessar Chit Funds showing payment of Rs.3,50,000/- received by the second defendant.
Reference:
Ext.A2
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
Letter confirming the amounts received from plaintiffs.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement showing the calculation of Rs.6,07,130/- due to the plaintiffs.
Reference:
Ext.A4
Document Type:
Request letter
Submitted By:
Plaintiff
Relevance:
Request letter from the second defendant for further time for repayment.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque dated 30.09.2018 for Rs.6,07,130/- issued by the second defendant.
Reference:
Ext.A6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque dated 03.12.2018 for Rs.6,07,130/- issued by the second defendant.
Reference:
Ext.A7
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original dishonour memo for the cheque dated 05.12.2018.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from the third defendant requesting the cheque to be presented again on a later date.
Reference:
Ext.A9
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original dishonour memo for the cheque dated 28.02.2019.
Reference:
Ext.A10
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque dated 07.02.2019 for Rs.6,07,130/- issued by the third defendant.
Reference:
Ext.A11
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Original dishonour memo dated 08.03.2019.
Reference:
Ext.A12
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent to the defendants regarding the dishonoured cheque.
Reference:
Ext.A13
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts for sending the legal notice.
Reference:
Ext.A14
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards for the legal notice sent to defendants.
Reference:
Ext.A15
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 02.07.2020 from the defendants.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between S. Karunakaran Nair et al vs M/s. Emessar Chit Funds et al regarding recovery of money.
Case Code Year
Case between S. Karunakaran Nair et al vs M/s. Emessar Chit Funds et al regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act