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O.S. No. 1029/2023

Case between M J Alexander @ Alex vs Tharies regarding realization of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-11-27
Duration
approximately-3 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M J Alexander @ Alex is suing Tharies for the recovery of a loan amount of Rs.1,00,000/- along with interest. The defendant did not repay the amount despite repeated demands.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, decreeing the suit for recovery of Rs.1,24,427/- along with interest from the defendant.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,24,427/- along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing the suit for recovery of Rs.1,24,427/- along with interest from the defendant.
Why Plaintiff Won:
Plaintiff established a case regarding the loan and repayment terms.
Losing Side's Weaknesses:
Plaintiff established a case regarding the loan and repayment terms.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,24,427/- with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: Defendant shall pay Rs.1,24,427/- along with interest @12% per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M J Alexander @ Alex
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Tharies
Party Age
46
Relation
S/o
Plaintiffs Documents
Promissory note dated 20.06.2021, Lawyer notice dated 20.01.2022, Postal receipt, Acknowledgment card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M C Mony
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.1,24,427/- along with interest.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,24,427/- with interest from defendant.
Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall be personally liable for the decree debt.
Evidence:
Defendant shall be personally and his assets shall also 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:
This document establishes the loan agreement between the plaintiff and the defendant for Rs.1,00,000/- with interest.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The notice was sent to the defendant demanding repayment of the loan amount, which was not complied with.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Serves as evidence of the sending of the lawyer notice to the defendant.
Reference:
Ext.A3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirms that the defendant received the lawyer notice.
Reference:
Ext.A4

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 M J Alexander @ Alex vs Tharies regarding realization of money
Case Code Year
Case between M J Alexander @ Alex vs Tharies regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 06/20/2021 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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