Case Summary
Biju John, the plaintiff, is the sole proprietor of Srambickal Finance and had provided a loan to the defendants, V.M.Sasidharan and Aju P.P. for ₹1,00,000. The defendants defaulted on repayment despite repeated requests and a notice was issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are ordered to pay ₹96,931 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, Biju John, allowing him to recover ₹96,931 from the defendants with interest.
Why Plaintiff Won:
The plaintiff established that the defendants failed to repay the amount owed.
The plaintiff established that the defendants failed to repay the amount owed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff could establish that the defendants failed to repay the amount due to the plaintiff.
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 ₹96,931 with interest thereon at the rate of 6% per annum for the principal amount of ₹73,200 from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju John
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.M.Sasidharan
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aju P.P.
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Money lending License, Bank statement, Demand Promissory Note, Computer print out of ledger account statement, Copy of notice.
Defendants Documents
Pass book by Srambickal Chits (P) Ltd, Pass book 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. K.R. Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of ₹96,931 with interest.
Evidence:
Therefore, it could be held that the plaintiff has successfully proved the case set up by them.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs from the defendants.
Evidence:
The plaintiff is entitled to recover costs from the defendants no.1 and 2.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of Regha P. Nair to represent the plaintiff in this case.
Reference:
Ext.A1
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff is a licensed money lender under relevant laws.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Exhibit shows transactions made towards the loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendants' promise to repay the loan amount.
Reference:
Ext.A4
Document Type:
Computer print out of Ledger Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the payments made by the defendants towards the loan.
Reference:
Ext.A5
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
This document is the formal demand for repayment sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the demand notice to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the demand notice by the defendants.
Reference:
Ext.A8
Document Type:
Demand notice with Acknowledgement card
Submitted By:
Plaintiff
Relevance:
This document is combined evidence of the demand notice and acknowledgment of receipt.
Reference:
Ext.A9
Document Type:
Copy of judgment in O.S.No.400/2020
Submitted By:
Plaintiff
Relevance:
This document is cited for procedural reference and related case details.
Reference:
Ext.A10
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
This document is offered as evidence by the second defendant but is deemed irrelevant to the transaction at issue.
Reference:
Ext.B1
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Similar to Ext.B1, this document is presented by the second defendant for defense.
Reference:
Ext.B2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The evidence included oral testimonies presented during the proceedings.
Reference:
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 Biju John vs V.M.Sasidharan, Aju P.P. regarding realisation of money
Case Code Year
Case between Biju John vs V.M.Sasidharan, Aju P.P. regarding realisation of money