Case Summary
The case involves Dijith T K, who lent money to Prajeesh and Ambili K for business development. The plaintiff claims the defendants failed to repay the loan of Rs. 4,00,000, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay a sum of Rs.4,00,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, requiring the defendants to repay Rs.4,00,000 with interest. The suit was decreed based on evidence provided.
Why Plaintiff Won:
The court was satisfied that the plaintiff proved the transfer of Rs.4,00,000 to the defendants.
The court was satisfied that the plaintiff proved the transfer of Rs.4,00,000 to the defendants.
Losing Side's Weaknesses:
The court was satisfied that the plaintiff proved the transfer of Rs.4,00,000 to the defendants.
The court was satisfied that the plaintiff proved the transfer of Rs.4,00,000 to the defendants.
Supporting Evidence
The plaintiff has established the source of the money lent by him while the defendants could not prove their version regarding the loan.
Judgment Evidence:
In the result, 1. The defendants shall pay a sum of Rs.4,00,000 (Rupees four lakh only) to the plaintiff with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dijith T K
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prajeesh
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambili K
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Copy of lawyer notice dated 21.06.2021, Postal receipt, Acknowledgment card, Reply notice, Statement of Account from HDFC Bank
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K. Lal Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C. Nisha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.A.Latheef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.4,00,000 from the defendants along with interest.
Evidence:
In view of the foregoing discussion, this court is satisfied that the plaintiff has been successful in proving his case that he had paid Rs.4,00,000 to the defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 9 percent from the date of suit till date of decree and future interest at 6 percent till realization.
Evidence:
Interest can be fixed at 9 percent which according to the court is a reasonable rate.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are ordered to pay the costs of the proceedings to the plaintiff.
Evidence:
The normal rule is that cost shall follow event. I find no reason to deviate from the same.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff issued this notice on 21.06.2021 calling upon the defendants to return the loan amount.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt corresponds to the lawyer notice sent to the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card was used to confirm receipt of the lawyer notice by the defendants.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the reply notice issued by the defendants in response to the lawyer notice.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the account transactions of the plaintiff, corroborating the loan transfers.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details additional transactions related to the loan transfers made by the plaintiff.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Dijith T K vs Prajeesh et al regarding recovery of loan amount
Case Code Year
Case between Dijith T K vs Prajeesh et al regarding recovery of loan amount