Case Summary
Jose T.V, a businessman, is the plaintiff who acted as a guarantor for a vehicle loan taken by the defendant, Sunoj. After the defendant defaulted on the loan, the plaintiff paid a sum to settle the matter and is now seeking reimbursement along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.92,000/- together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover the sum of Rs. 92,000 along with interest from the defendant.
Why Plaintiff Won:
The plaintiff succeeded in proving his case by presenting sufficient evidence and the suit was filed within the limitation period.
The plaintiff succeeded in proving his case by presenting sufficient evidence and the suit was filed within the limitation period.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case by presenting sufficient evidence and the suit was filed within the limitation period.
The plaintiff succeeded in proving his case by presenting sufficient evidence and the suit was filed within the limitation period.
Supporting Evidence
By producing Exts. Exts.A1 to A6 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.92,000/- (Rupees Ninety Two Thousand Only) together with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose T .V
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunoj
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of Arbitration Award dated 01/10/2020, Certified copy of Execution Petition in EP No.534/2022, Copy of Bank Statement for the period from 01/11/2023 to 05/12/2023, Certified copy of order in EP 534/2022 in AC No.35/2018, Office copy of Lawyer’s notice dated 13/06/2024, Postal receipt dated 13/06/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- H.Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil C.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.92,000/- together with interest at the rate of 6% per annum from the date of suit till realization from the defendant and his assets.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Arbitration Award
Submitted By:
Plaintiff
Relevance:
Certified copy of the Arbitration Award dated 01/10/2020.
Reference:
Ext.A1
Document Type:
Execution Petition
Submitted By:
Plaintiff
Relevance:
Certified copy of Execution Petition in EP No.534/2022.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Copy of the bank statement for the period from 01/11/2023 to 05/12/2023 of the account of Mr. Jose T.V. at South Indian Bank, Kundara.
Reference:
Ext.A3
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in EP 534/2022 in AC No.35/2018 of Hon’ble Addl. District Court-V, Kollam.
Reference:
Ext.A4
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer’s notice dated 13/06/2024.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 13/06/2024.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Jose T .V vs Sunoj regarding realization of money
Case Code Year
Case between Jose T .V vs Sunoj regarding realization of money