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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

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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
Why Plaintiff Won:
The plaintiff established his case with unrebutted testimonies and evidence.

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

Plaintiffs

A.G. Alfed (51 years) Ambalathingal House, Panampilly Nagar, Kochi­682 036, Ernakulam District

Defendants

Vijayam K. (65 years) Konathu Puthen Veedu, No. VII/470, Edayakidam, North Ward, Ezhukon, Post Kottarakara, Pin­691 505, Kollam District

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

Quick Facts

Location
Ernakulam
Case Filed
Fri, 07/07/2023 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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