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O.S. No.1032/2023

Case between A.G. Alfed vs Vijayam K. regarding realization of money

Court
Third Addl. Munsiff & Rent Controller, Ernakulam
Judge
Smt. REEJA R. NAIR
Order Date
2024-07-06
Duration
approximately-1 year 26 days
Case Closed
Sat, 07/06/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, A.G. Alfed, is seeking repayment of money from the defendant, Vijayam K., who defaulted on a loan for which the plaintiff acted as surety. The court issued a judgment granting the plaintiff the amount owed.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff is entitled to realize Rs. 4,86,959 from the defendant, along with interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Rs. 4,86,959 with interest @ 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize Rs. 4,86,959 from the defendant, along with interest and costs.
Why Plaintiff Won:
The plaintiff established his case with unrebutted testimonies and evidence.
Losing Side's Weaknesses:
The plaintiff established his case with unrebutted testimonies and evidence.
Supporting Evidence
The unrebutted oral testimonies of PW1 and Exts. A6 to A11 established his case as pleaded by him.

Judgment Evidence:

In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 4,86,959 from the defendant and from his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.G. Alfed
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Vijayam K.
Party Age
65
Relation
S/o
Plaintiffs Documents
Copy of Loan Application, True copy of Surety, True copy of Order No.132/2020, Copy of transaction receipt for Rs. 1,00,000, True copy of Loan Ledger, Original of certificate issued by the Central Services Co­operative Society Ltd., True copy of Lawyer's notice, Original Acknowledgement, True copy of Police complaint, True copy of receipt of Police Complaint.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Joseph Jerard Samson Rodrigues
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize Rs. 4,86,959 from the defendant.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 4,86,959 from the defendant and from his assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for the amount from the date of suit till date decree.
Evidence:
Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 4,86,959 from the date of suit till date decree from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for the amount from date of decree till realization.
Evidence:
Plaintiffs are entitled to realize interest @ 6% per annum for Rs.4,86,959 from date of decree till date of realization from the defendants and from their assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiffs are entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
This document served as evidence of the loan applied for by the defendant.
Reference:
Ext.A1
Document Type: Surety
Submitted By: Plaintiff
Relevance:
This document is a copy of the surety agreement signed by the plaintiff.
Reference:
Ext.A2
Document Type: Order
Submitted By: Plaintiff
Relevance:
This document is a copy of the order that was relevant to the loan account.
Reference:
Ext.A3
Document Type: Transaction Receipt
Submitted By: Plaintiff
Relevance:
This document evidences a payment made by the plaintiff towards the loan.
Reference:
Ext.A4
Document Type: Loan Ledger
Submitted By: Plaintiff
Relevance:
This document details the loan transactions related to the defendant.
Reference:
Ext.A5
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
This certificate shows the recovery amount deducted from the plaintiff's salary.
Reference:
Ext.A6
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
This certificate provides evidence of the amount remitted by the plaintiff towards the loan.
Reference:
Ext.A7
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This notice was issued to the defendant demanding repayment of the loan.
Reference:
Ext.A8
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
This document serves as the acknowledgment of the lawyer's notice.
Reference:
Ext.A9
Document Type: Police Complaint
Submitted By: Plaintiff
Relevance:
This complaint was filed regarding the defendant's failure to repay the loan.
Reference:
Ext.A10
Document Type: Receipt of Police Complaint
Submitted By: Plaintiff
Relevance:
This receipt confirms the filing of the police complaint.
Reference:
Ext.A11

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between A.G. Alfed vs Vijayam K. regarding realization of money
Case Code Year
Case between A.G. Alfed vs Vijayam K. regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 07/07/2023 - 12:00
Case Closed
Sat, 07/06/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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