Case Summary
The plaintiff, Embaby General Finance (India) Pvt. Ltd., filed a suit against the defendant, Sreenath R, for the recovery of a loan amount of ₹3,17,034/-. The defendant failed to repay the loan as per the terms of the agreement, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹3,17,034/- along with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff for the recovery of the loan amount and interest from the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the defendant's liability, which the defendant could not rebut.
The plaintiff provided sufficient evidence of the defendant's liability, which the defendant could not rebut.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the defendant's liability, which the defendant could not rebut.
The plaintiff provided sufficient evidence of the defendant's liability, which the defendant could not rebut.
Supporting Evidence
These documents are sufficient to show the liability of the defendant towards plaintiff company. Defendant could not rebut the evidence produced by the plaintiff company.
Judgment Evidence:
In the result, the suit is decreed as follows:- The plaintiff is entitled to realize ₹3,17,034/- (Rupees Three Lakhs Seventeen Thousand and Thirty Four only) as on the date of suit, 16% interest per annum on the principal amount ₹2,50,000/- from the date of suit till the date of decree and 6% interest per annum on the said amount from the date of decree till realization of the amount, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Embaby General Finance (India) Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Sreenath R
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Application for personal loan, Sanction order, Promissory Note, Agreement for personal loan, Office copy of Notice, Acknowledgment card, Statement of account of loan, Certified True copy of The Resolution passed by the Board of Directors of Embaby General Finance India Pvt. Ltd.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abraham George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹3,17,034/- along with interest and costs from the defendant.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹3,17,034/- (Rupees Three Lakhs Seventeen Thousand and Thirty Four only) as on the date of suit, 16% interest per annum on the principal amount ₹2,50,000/- from the date of suit till the date of decree and 6% interest per annum on the said amount from the date of decree till realization of the amount, from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Application for Personal Loan
Submitted By:
Plaintiff
Relevance:
Document establishing the defendant's request for the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document showing loan approval by the plaintiff company.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document indicating the defendant's promise to repay the loan.
Reference:
Ext.A3
Document Type:
Agreement for personal loan
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan.
Reference:
Ext.A4
Document Type:
Office Copy of Notice
Submitted By:
Plaintiff
Relevance:
Document showing notification sent to the defendant for repayment.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document confirming receipt of notice by the defendant.
Reference:
Ext.A6
Document Type:
Statement of account of loan
Submitted By:
Plaintiff
Relevance:
Document providing account details showing the outstanding loan amount.
Reference:
Ext.A7
Document Type:
Certified True copy of The Resolution passed by the Board of Directors
Submitted By:
Plaintiff
Relevance:
Document supporting the authority of the plaintiff company to carry out loan transactions.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2023