Case Summary
The plaintiff, Safeer Noordeen, Managing Partner of M/s. New Chalai Agencies, is seeking to recover a debt of Rs.3,10,294 from the defendant, Hameeda Mohamed Noohu Beevi, who failed to repay for paint and accessories purchased on credit. The defendant was set exparte for not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.3,10,294 with interest at the rate of 12% per annum and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, entitling him to recover Rs.3,10,294 along with interest from the defendant for money owed.
Why Plaintiff Won:
The plaintiff established that the defendant owed the money and failed to contest the claims.
The plaintiff established that the defendant owed the money and failed to contest the claims.
Losing Side's Weaknesses:
The plaintiff established that the defendant owed the money and failed to contest the claims.
The plaintiff established that the defendant owed the money and failed to contest the claims.
Supporting Evidence
The uncontroverted averments in the plaint and the accompanying documents proved that the defendant has availed credit facility from the plaintiff Firm and that an amount of Rs.3,10,294/- is due to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,10,294/- (Rupees Three lakhs ten thousand two hundred and ninety four only) with interest at the rate of 12% per annum from the date of suit till the date of decree from the defendant and her assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Safeer Noordeen
- Party Age
- 43
- Relation
- Managing Partner
- Party Role
- Defendant
- Party Name
- Hameeda Mohamed Noohu Beevi
- Relation
- Proprietor
Plaintiffs Documents
Acknowledgment of Registration of Firm dated 01/03/2006, Deed of reconstitution dated 07/04/2024, Original cheque bearing No.269858 dated 25/11/2022, Cheque return memo dated 29/11/2022, Tax invoices, True copy of Advocate notice issued to the defendant, Certificate of Chartered Accountant, Copy of relevant page of ledger for the period ended 31/03/2023, Certified copy of debtors list, Copy of statement of accounts issued by SBI, Certificate issued under Banker’s Book Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Renjini. R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.3,10,294/- with interest and costs.
Evidence:
The suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.3,10,294/- with interest at the rate of 12% per annum...
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from defendant and her assets both movable and immovable.
Documents & Evidence
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiff firm is registered under the provisions of Indian Partnership Act, 1932.
Reference:
Ext.A1
Document Type:
Deed of reconstitution
Submitted By:
Plaintiff
Relevance:
Supports the plaintiffs status and operations.
Reference:
Ext.A2
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Shows the cheque issued by the defendant as part payment.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Documents the dishonouring of the cheque submitted by the defendant.
Reference:
Ext.A4
Document Type:
Tax Invoices
Submitted By:
Plaintiff
Relevance:
Documents the sales made by the plaintiff to the defendant.
Reference:
Ext.A5, Ext.A6, Ext.A7
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Evidence of legal notice sent to the defendant regarding the outstanding amount.
Reference:
Ext.A8
Document Type:
Certificate of Chartered Accountant
Submitted By:
Plaintiff
Relevance:
Provides financial certification related to the plaintiff's claims.
Reference:
Ext.A9
Document Type:
Ledger Copy
Submitted By:
Plaintiff
Relevance:
Records the financial transactions relevant to the case.
Reference:
Ext.A10
Document Type:
Certified Copy of Debtors List
Submitted By:
Plaintiff
Relevance:
Documents the debts owed to the plaintiff.
Reference:
Ext.A11
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details the financial standing between the plaintiff and defendant.
Reference:
Ext.A12
Document Type:
Certificate under Bankers Book Evidence Act
Submitted By:
Plaintiff
Relevance:
Supports the admissibility of bank records in the case.
Reference:
Ext.A12(a)
Document Type:
Statement of Account from HDFC Bank
Submitted By:
Plaintiff
Relevance:
Provides an account statement relevant to the financial dealings.
Reference:
Ext.A13, Ext.A13(a)
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 Safeer Noordeen vs Hameeda Mohamed Noohu Beevi regarding realization of money
Case Code Year
Case between Safeer Noordeen vs Hameeda Mohamed Noohu Beevi regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act