Case Summary
This case involves S.Usha as the plaintiff and A.Suresh Kumar as the defendant. The plaintiff is seeking recovery of Rs.8,20,499/- along with interest from the defendant, who borrowed the amount for his business purposes but failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs.8,20,499/- with interest at the rate of 8% per annum and future interest at 6%.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is directed to pay Rs.8,20,499/- along with interest to the plaintiff, and the plaintiff is entitled to recovery costs.
Why Plaintiff Won:
The plaintiff successfully proved the loan agreement through documentary evidence.
The plaintiff successfully proved the loan agreement through documentary evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan agreement through documentary evidence.
The plaintiff successfully proved the loan agreement through documentary evidence.
Supporting Evidence
Exts.A1 to A5 prove the case of plaintiff in all material circumstances. There is not an iota of evidence from the side of defendant to contradict the case put forth by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay 8,20,499/- with interest at the rate of 8% per annum for the principal sum of 8,00,000/- from 08/02/2017 till the date of decree and thereafter future interest at the rate of 6% per annum from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S.Usha
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- A.Suresh Kumar
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 615048, Original Cheque No. 387144, Legal notice dated 26/05/2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.Anoop
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S.S.Dilip R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.8,20,499/- with interest and costs.
Evidence:
Therefore, I find that plaintiff is entitled for realisation of 8,20,499/- from the defendant with interest at the rate of 8% per annum for the principal sum of 8,00,000/- from 08/02/2017 till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
Therefore, I hold a view that plaintiff is entitled to realise the costs of suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque for Rs.5,00,000/- issued by the defendant to the plaintiff.
Reference:
Ext.A1(a)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque for Rs.3,00,000/- issued by the defendant to the plaintiff.
Reference:
Ext.A1(b)
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo for dishonour of the first cheque due to insufficient funds.
Reference:
Ext.A2(a)
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
Memo for dishonour of the second cheque due to insufficient funds.
Reference:
Ext.A2(b)
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding repayment of the borrowed amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the sending of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card confirming the receipt of the legal notice by the defendant.
Reference:
Ext.A5
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
2017
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act