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O.S No. 691/2019

Case between E.K Rajan vs Vijayan T.R regarding realization of money.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-09-07
Duration
approximately-5 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

E.K Rajan, the plaintiff, claims that his brother-in-law, Vijayan T.R, borrowed money for business purposes and has failed to repay the loan. The plaintiff provided financial assistance and an agreement was made, which the defendant has not honored.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendant to repay ₹7,60,000 with interest. The plaintiff's evidence regarding the loan agreement was upheld.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹7,60,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to repay ₹7,60,000 with interest. The plaintiff's evidence regarding the loan agreement was upheld.
Why Plaintiff Won:
The evidence presented by the plaintiff, including a signed agreement acknowledging debt, was found credible.
Losing Side's Weaknesses:
The evidence presented by the plaintiff, including a signed agreement acknowledging debt, was found credible.
Supporting Evidence
The existence of Exhibit A1 document is a strong proof against the defendant. A perusal of Exhibit A1 would show that the plaintiff and the defendant had entered into an agreement wherein the defendant had acknowledged the fact that the plaintiff had pledged his property and given him amount and that a total of ₹7,60,812.50 is owed by the defendant towards the plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: i.The defendant is directed to pay to the plaintiff an amount of ₹7,60,000 with interest at the rate of 2.5% per month from the date of Exhibit A1 agreement.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
E.K Rajan
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Vijayan T.R
Party Age
53
Relation
S/o
Plaintiffs Documents
Agreement dated 15.12.2018, True copy of the Lawyer Notice dated 23.03.2019, Postal Receipt dated 25.03.2019, Postal Acknowledgment Card, Photo copy of the Reply Notice dated 13.04.2019, Certified copy of the Sale Deed No. 2251/2012, Receipts regarding interest on loans issued by Velloor Service Co-operative Bank Ltd.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P. R Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kurian Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Yash Thomas Mannully
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Soman P Paul
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff sought to recover the amount loaned to the defendant.
Evidence:
The suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of ₹7,60,000/- with interest at the rate of 2.5% per month from the date of Exhibit A1 agreement.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
The agreement where the defendant acknowledged the loan amount and terms.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The notice sent by the plaintiff to the defendant demanding repayment.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of postage for the lawyer notice.
Reference:
Ext.A3
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice by the defendant.
Reference:
Ext.A4
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
The reply sent by the defendant to the plaintiff denying the debt.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed relevant to the plaint property.
Reference:
Ext.A6
Document Type: Loan Receipt
Submitted By: Plaintiff
Relevance:
Receipt regarding interest on loans issued by the bank.
Reference:
Ext.A7
Document Type: Loan Receipt
Submitted By: Plaintiff
Relevance:
Another receipt regarding interest on loans issued by the bank.
Reference:
Ext.A7(a)
Document Type: Pass Book
Submitted By: Plaintiff
Relevance:
The bank passbook showing the details of loan transactions.
Reference:
Ext.A8

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between E.K Rajan vs Vijayan T.R regarding realization of money.
Case Code Year
Case between E.K Rajan vs Vijayan T.R regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 09/07/2019 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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