Case Summary
The plaintiff, Austin A. James, is suing the defendant, Shibin M.R, for the recovery of a loan amount of ₹6,00,000/- that was borrowed for business purposes. The defendant has failed to repay the amount along with interest despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹9,24,000/- with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay the plaintiff ₹9,24,000/- along with interest. The suit was decreed due to the defendant's failure to repay the borrowed amount.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that the defendant borrowed the amount and failed to repay it as agreed.
The plaintiff provided sufficient evidence that the defendant borrowed the amount and failed to repay it as agreed.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that the defendant borrowed the amount and failed to repay it as agreed.
The plaintiff provided sufficient evidence that the defendant borrowed the amount and failed to repay it as agreed.
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹9,24,000/- (Rupees Nine Lakh Twenty-Four Thousand only) is due in respect of the loan from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to recover an amount of ₹9,24,000/- (Rupees Nine Lakh Twenty-Four Thousand only) with 6% interest from the date of filing of the suit till the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Austin A. James
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibin M.R
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original promissory note dated 01.02.2021, Copy of the Advocate notice dated 27.01.2024, Postal receipt evidencing the dispatch of the notice, Original reply notice dated 08.02.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sudeep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Wimble Merry Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shiny. A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹9,24,000/- with interest from the defendant.
Evidence:
the plaintiff is entitled to recover an amount of ₹9,24,000/- (Rupees Nine Lakh Twenty-Four Thousand only) with 6% interest from the date of filing of the suit till the date of realization from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
the plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The document acknowledges the receipt of ₹6,00,000/- and agrees to repay the same to the plaintiff.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded repayment of ₹6,00,000/- along with interest totaling ₹9,24,000/-.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the dispatch of the advocate's notice to the defendant.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the original reply notice from the defendant, which was deemed false and fabricated.
Reference:
Ext.A4
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
2024