Case Summary
Sajindran.S filed a suit against his friend Ajith Kumar for the recovery of ₹5,00,000/- that was loaned for a mobile business. The defendant failed to repay the amount and the cheque issued was dishonored due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹5,00,000/- with 6% interest and costs from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹5,00,000/- with 6% interest and costs.
Why Plaintiff Won:
The plaintiff presented adequate evidence proving the defendant's liability for the loan amount.
The plaintiff presented adequate evidence proving the defendant's liability for the loan amount.
Losing Side's Weaknesses:
The plaintiff presented adequate evidence proving the defendant's liability for the loan amount.
The plaintiff presented adequate evidence proving the defendant's liability for the loan amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of 5,00,000₹/- (Rupees Five Lakhs only) is due from the defendant. The documents produced by PW1 show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹ 5,00,000/- (Rupees Five Lakhs only) is due from the defendant with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajindran.S
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajith Kumar
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original cheque bearing No.932679, Dishonour Memo, Copy of the Lawyers Notice, Certified Copy of postal receipt, Certified copy of the letter issued by the Department of Posts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.S. Padmakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.S. Sunil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹5,00,000/- along with 6% interest.
Evidence:
The plaintiff is entitled to realize an amount of ₹ 5,00,000/- (Rupees Five Lakhs only) is due from the defendant with 6% interest from the date of the suit till date of realization from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Indicates the amount of ₹5,00,000/- the defendant promised to repay.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Shows the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A demand for repayment sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidences the issuance of the lawyer's notice.
Reference:
Ext.A4
Document Type:
Letter from Department of Posts
Submitted By:
Plaintiff
Relevance:
Confirms the dispatch of the lawyer's notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour