Case Summary
The plaintiff, Sivasankaran Nair.P.G., claims that the defendant, Rajesh.K., borrowed money and failed to repay it. The amount owed is Rs.8,00,000/-, and the defendant's cheque for this amount was dishonoured due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.8,00,000/- with future interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the recovery of Rs.8,00,000/- with interest. The defendant is also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount claimed, which was unchallenged.
The plaintiff proved that the defendant owed the amount claimed, which was unchallenged.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the available evidence, the plaintiff is entitled for a decree for realization of 8,00,000/- from the defendant as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of 8,00,000/- with future interest at the rate of 18% per annum from the date of suit till date of decree and thereafter 6% till the date of payment from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivasankaran Nair.P.G.
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh.K.
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original Cheque Bearing No.324851, Lawyers Notice, Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.A.Ahmed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Gopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Vidya Chandran.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Aravind Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.8,00,000 with future interest from the defendant.
Evidence:
The plaintiff is entitled for a decree for realization of ₹8,00,000 from the defendant as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant in favor of the plaintiff towards discharge of the debt.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant calling upon him to pay the amount owed.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the reply notice sent by the defendant raising certain contentions regarding the amount borrowed.
Reference:
Ext.A3
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
OS.NO.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act