Case Summary
Biby John, the plaintiff, is the sole proprietor of Srambickal Finance involved in money lending. The defendants, Swapna Ibrahimkutty and Ibrahimkutty, defaulted on a loan agreement after initially making repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of ₹29,370.88 with interest thereon.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay ₹29,370.88 along with interest at 6% per annum until realization.
Why Plaintiff Won:
The plaintiff proved the existence of the loan and the defendants' default in repayment.
The plaintiff proved the existence of the loan and the defendants' default in repayment.
Losing Side's Weaknesses:
The plaintiff proved the existence of the loan and the defendants' default in repayment.
The plaintiff proved the existence of the loan and the defendants' default in repayment.
Supporting Evidence
The case of the plaintiff is that the plaintiff is engaged in money lending business. The defendants availed of loan for 40,000₹ on 22.06.2020 and agreed to repay the same. However, they have committed default in repayment from 18.01.2021.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is ordered that the defendants no.1 and 2 to pay to the plaintiff the sum of ₹29,370.88 with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biby John
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Regha P. Nair @ Rekha Anilkumar
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Swapna Ibrahimkutty
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ibrahimkutty
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Copy of Power of Attorney, Receipt, Demand promissory Note, Account statement, Copy of Lawyer's notice, Postal receipt, Acknowledgement card
Defendants Documents
Loan card by Srambickal Finance
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Francis Jacob K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Saliny Thomas Thelly
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Anilkumar Ambady
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request to recover an amount due from defendants.
Evidence:
In the light of the above discussion, it can be held that the plaintiff is entitled to realise 29,370.88 with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff's entitlement to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realize the costs from the defendants no.1 and 2.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's authority to file suit on behalf of the business.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledges the receipt of the loan amount by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendants' promise to repay the loan.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the payments made by the defendants until the last date of repayment.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Formal demand for repayment issued to the defendants.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A6
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of notice by the defendants.
Reference:
Ext.A7
Document Type:
Loan card
Submitted By:
Defendant
Relevance:
Evidence supporting the defendants' claims regarding payments made.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Biby John vs Swapna Ibrahimkutty et al regarding Suit for realisation of money.
Case Code Year
Case between Biby John vs Swapna Ibrahimkutty et al regarding Suit for realisation of money.