Case Summary
Shanavas M. is the plaintiff who has borrowed Rs.4,00,000 from Joy Vijayan, the defendant. The case involves the dishonor of a cheque and the plaintiff's claim for recovery of that amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.4,54,839 together with 6% interest from the date of decree till realization and cost of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs.4,54,839 along with interest and costs.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and presented documents.
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and presented documents.
Losing Side's Weaknesses:
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and presented documents.
The plaintiff established his case warranting the grant of relief sought for based on uncontroverted testimony and presented documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A6 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of Rs.4,54,839/- (Rupees Four Lakhs Fifty Four Thousand Eight Hundred and Thirty Nine only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shanavas M.
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy Vijayan
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Original Cheque, Dishonour Memo, Copy of Lawyer Notice, Cheque return details, Postal Receipt, Return Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun I. Sreedhar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the amount of Rs.4,54,839/- along with interest.
Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,54,839/- (Rupees Four Lakhs Fifty Four Thousand Eight Hundred and Thirty Nine only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The original cheque was issued by the defendant to the plaintiff as part of the agreement for borrowing money.
Reference:
Ext.A1
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo notified the plaintiff of the dishonor of the cheque issued by the defendant.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff's lawyer to the defendant regarding the dishonor of the cheque.
Reference:
Ext.A3
Document Type:
Cheque return details
Submitted By:
Plaintiff
Relevance:
Details regarding the return of the cheque due to insufficient funds.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the postal dispatch of the notice to the defendant.
Reference:
Ext.A5
Document Type:
Return Notice
Submitted By:
Plaintiff
Relevance:
Notice returned by the defendant after receipt of the lawyer's notice.
Reference:
Ext.A6
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 Shanavas M. vs Joy Vijayan regarding realisation of money
Case Code Year
Case between Shanavas M. vs Joy Vijayan regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour