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O.S. No.616/2021

Case between J.K. Enterprises vs Ajayan.K.N. regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-04-09
Duration
approximately-5 years 7 months
Case Closed
Tue, 04/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, J.K. Enterprises, engaged in money lending, claims that the defendant, Ajayan.K.N., defaulted on a loan of Rs.4,000/-. The plaintiff seeks repayment of Rs.6,800/- along with interest.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendant shall pay Rs.6,800/- along with specified interest to the plaintiff. The defendant's assets will be liable for satisfying the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Interest at the rate of 12% on the principal amount from the date of suit till the date of decree and 6% from the date of decree till payment.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant shall pay Rs.6,800/- along with specified interest to the plaintiff. The defendant's assets will be liable for satisfying the decree debt.
Why Plaintiff Won:
The plaintiff established the case by providing evidence of the loan and the defendant's default.
Losing Side's Weaknesses:
The plaintiff established the case by providing evidence of the loan and the defendant's default.
Supporting Evidence
The same would show that defendant availed loan from plaintiff for Rs.4,000/- on 14.08.2018 agreeing to repay the same on demand.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.6,800/- along with interest @12% on the principal amount of Rs.4,000/- from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
J.K. Enterprises
Relation
Represented by
Party Role
Defendant
Party Name
Ajayan.K.N.
Party Age
46
Relation
S/o
Plaintiffs Documents
Promissory Note executed by the defendant in favour of plaintiff, Copy of lawyer notice, Returned registered postal cover
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vijayan Mannali
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.6,800 along with interest.
Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.6,800 (Rupees Six thousand eight hundred only) along with interest @12% on the principal amount of Rs.4,000 (Rupees Four thousand only) from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Defendant and his assets shall be liable to satisfy the decree debt.
Evidence:
Defendant and his assets shall be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
The promissory note executed by the defendant in favor of the plaintiff shows that the defendant availed a loan from the plaintiff for Rs.4,000 on 14.08.2018 agreeing to repay the same on demand.
Reference:
Ext.A1
Document Type: Lawyers notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice issued to the defendant demanding repayment of amount due.
Reference:
Ext.A2
Document Type: Returned Postal cover
Submitted By: Plaintiff
Relevance:
The returned registered postal cover as evidence that the notice went unheeded by the defendant.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between J.K. Enterprises vs Ajayan.K.N. regarding realization of money
Case Code Year
Case between J.K. Enterprises vs Ajayan.K.N. regarding realization of money

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 08/14/2018 - 12:00
Case Closed
Tue, 04/09/2024 - 12:00
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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