Case Summary
The case involves L.K.B. Nidhi Public Ltd. seeking repayment of a loan given to Appukuttan M.A. The defendant defaulted on repayment despite multiple reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.7,38,265/- from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
Judgment Evidence:
In the result, suit is decreed as follows. 1.Plaintiff is entitled to realize an amount of Rs.7,38,265/-...
Parties Involved
Plaintiffs
L.K.B. Nidhi Public Ltd. (Age not specified years)
71/805 B, Sunrise Building, Keerthi Nagar Junction, Deshabhimani Road, Elamakkara, Kochi-682 026
Defendants
Appukuttan M.A. (49 years years)
Kadavil House, Randamkallu, Chengalloor P.O., Thrissur, Pin-680 312
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.7,38,265/- from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.7,38,265/- from the date of suit till date decree from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,38,265/- from date of decree till date of realization from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original term loan application
Submitted By:
Plaintiff
Relevance:
Filed as evidence of the loan agreement.
Reference:
Ext.A1(a)
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Filed as evidence of the terms of the loan.
Reference:
Ext.A2(a)
Document Type:
Original letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
Filed to demonstrate the security for the loan.
Reference:
Ext.A3(a)
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Filed to prove ownership of the mortgaged property.
Reference:
Ext.A4(a)
Document Type:
Original certificate issued by President, Puthukkadu Grama Panchayath
Submitted By:
Plaintiff
Relevance:
Indicates legitimacy of the loan and its details.
Reference:
Ext.A5(a)
Document Type:
Original possession, Location and Non attachment certificate
Submitted By:
Plaintiff
Relevance:
Shows that the property is free from legal encumbrances.
Reference:
Ext.A6(a)
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Confirms the absence of encumbrances on the property.
Reference:
Ext.A7(a)
Document Type:
Original basic Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that property taxes are paid.
Reference:
Ext.A8(a)
Document Type:
Print out of loan account statement of defendant along with certification
Submitted By:
Plaintiff
Relevance:
Provides details on the outstanding amount due.
Reference:
Ext.A9 & A9(a)
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Filed to show the defendant was informed of the default.
Reference:
Ext.A10
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves delivery of the legal notice to the defendant.
Reference:
Ext.A11
Document Type:
Original A/D Card
Submitted By:
Plaintiff
Relevance:
Shows that the defendant received the legal notice.
Reference:
Ext.A12