Case Summary
The plaintiff, Celeena Kuriakose, is seeking to recover a sum of Rs. 4,16,500 from the defendant, Bijoy Peter, who is alleged to have borrowed money for business purposes but failed to repay it. The defendant denies the allegations, claiming the suit is not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 4,16,500 along with interest at the rate of 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was found to be more credible and convincing compared to the defendant's claims.
The evidence presented by the plaintiff was found to be more credible and convincing compared to the defendant's claims.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The plaintiff is allowed to recover Rs.4,16,500 (Rupees Four lakhs Sixteen thousand Five hundred only) together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets. B) The plaintiff is also entitled to get the costs of the suit from the defendant.
Parties Involved
Plaintiffs
Celeena Kuriakose (47 years)
Chirapattu House, Chottanikkara P.O, Vattukunnu, Ernakulam District
Defendants
Bijoy Peter (Age not specified years)
Pandayathil House, near Ayyankuzhi Dharmasastha Temple, Chottanikkara P.O, Ernakulam District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover Rs.4,16,500 along with interest from the defendant.
Evidence:
The suit is decreed as follows: A) The plaintiff is allowed to recover Rs.4,16,500 together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit from the defendant.
Evidence:
B) The plaintiff is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The document evidences an agreement executed by the defendant to repay the borrowed amount within six months.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to demand repayment of the borrowed amount.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the defendant regarding the notice sent by the plaintiff.
Reference:
Ext.A4
Document Type:
Examination Report
Submitted By:
Unknown
Relevance:
Report from the State Forensic Science Laboratory on the questioned signature in the agreement.
Reference:
Ext.X1