Case Summary
The plaintiff, Vazhiyodan Gopi, claims that the defendant, Nizar. K, borrowed Rs.2,00,000/- and failed to repay. After a cheque issued was returned due to insufficient funds, the plaintiff seeks recovery of the amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay the plaintiff an amount of Rs.2,58,400/- and interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.2,58,400/- along with applicable interest and costs.
Why Plaintiff Won:
The plaintiff proved the claim of borrowing and default of payment through affidavit and evidence.
The plaintiff proved the claim of borrowing and default of payment through affidavit and evidence.
Losing Side's Weaknesses:
The plaintiff proved the claim of borrowing and default of payment through affidavit and evidence.
The plaintiff proved the claim of borrowing and default of payment through affidavit and evidence.
Supporting Evidence
The affidavit of PW1 and exhibits A1 to A4 documents which remains unchallenged proved the plaintiff's claim of borrowal and default of payment.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay the plaintiff an amount of Rs.2,58,400/- (Rupees Two Lakhs Fifty Eight Thousand And Four Hundred Only) and the defendant is directed to pay an interest at the rate of 7% per annum for the amount of Rs.1,90,000/- (Rupees One Lakh And Ninety Thousand Only) till the date of decree and 6% per annum for the amount of Rs.1,90,000/- (Rupees One Lakh And Ninety Thousand Only) from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vazhiyodan Gopi
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nizar. K
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Cheque No. 013448, Return Memo, Copy of lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dhanesh. S.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of Rs.2,58,400/-.
Evidence:
The defendant is directed to pay the plaintiff an amount of Rs.2,58,400/- (Rupees Two Lakhs Fifty Eight Thousand And Four Hundred Only) and the defendant is directed to pay an interest at the rate of 7% per annum for the amount of Rs.1,90,000/- (Rupees One Lakh And Ninety Thousand Only) till the date of decree and 6% per annum for the amount of Rs.1,90,000/- (Rupees One Lakh And Ninety Thousand Only) from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is directed to pay the costs incurred by the plaintiff in the suit.
Evidence:
The defendant is directed to pay the costs incurred by the plaintiff in the suit.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the defendant was presented but returned due to insufficient funds.
Reference:
Ext.A1
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
The memo shows that the cheque was returned for insufficient funds.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding the cheque default.
Reference:
Ext.A3
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Indicates that the lawyer's notice was not accepted by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Vazhiyodan Gopi vs Nizar. K regarding realisation of money
Case Code Year
Case between Vazhiyodan Gopi vs Nizar. K regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour