Case Summary
The plaintiff, J.K. Enterprises, is seeking the recovery of a loan amount plus interest from the defendant, Shoukathali K.K., who defaulted on the payment. The case proceeded exparte as the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 5840/- plus interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount with interest. The defendant was found liable due to non-appearance and default.
Why Plaintiff Won:
The plaintiff successfully established their case through unrebutted evidence.
The plaintiff successfully established their case through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff successfully established their case through unrebutted evidence.
The plaintiff successfully established their case through unrebutted evidence.
Supporting Evidence
The unrebutted oral testimonies of PW1 and Exts. A1 to A3, established his case as pleaded by him. I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs. 5840/- (Rupees Five thousand eight hundred and forty) from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- J.K. Enterprises
- Party Role
- Plaintiff
- Party Name
- Jacob K.A.
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shoukathali K.K.
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Promissory Note dated 08.12.2020, Lawyer's notice dated 20.06.2022, Returned unserved cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijayan Mannaly
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs. 5840 from the defendant.
Evidence:
Plaintiff is entitled to realize Rs. 5840/Rupees Five thousand eight hundred and forty from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 12% per annum on Rs. 5840 from the date of the suit.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs. 5840 from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 6% per annum on Rs. 5840 from the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs. 5840 from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original promissory note executed by the defendant serves as the basis for the loan claim.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice attempted to notify the defendant about the repayment demand.
Reference:
Ext.A2
Document Type:
Returned unserved cover
Submitted By:
Plaintiff
Relevance:
The returned notice indicates that the defendant did not receive the notice.
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
Recovery of money
Case Code
Case between J.K. Enterprises vs Shoukathali K.K. regarding realization of money
Case Code Year
Case between J.K. Enterprises vs Shoukathali K.K. regarding realization of money