Case Summary
Maheswari Finance and Investment is the plaintiff, a registered money lending firm. The defendant borrowed Rs.50,000/- and is liable to pay back the amount with interest, but failed to do so, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.65,750/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, stating that they are entitled to realize Rs.65,750/- from the defendant along with interest and costs.
Why Plaintiff Won:
The court found the plaintiff's evidence and testimony unchallenged and credible.
The court found the plaintiff's evidence and testimony unchallenged and credible.
Losing Side's Weaknesses:
The court found the plaintiff's evidence and testimony unchallenged and credible.
The court found the plaintiff's evidence and testimony unchallenged and credible.
Supporting Evidence
The case of the plaintiff that the defendant had borrowed Rs.50,000/- from them and executed pro note and cash voucher is proved by the unchallenged testimony of the PW1 and the documents tendered in evidence.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs.65,750/- (Rupees Fifty five thousand seven hundred and fifty) from the defendant with interest at the rate of 12 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization. 2.The defendant shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maheswari Finance and Investment
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Hasnath.C.K
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Exhibit A1 is the resolution letter dated 23.06.2022, Exhibit A2 is the pro note dated 04.03.2022, Exhibit A3 is the cash voucher dated 04.03.2022, Exhibit A4 series is the office copy of the lawyer notice dated 26.07.2023 along with postal receipt and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Ramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.65,750/- from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs.65,750/- (Rupees Fifty five thousand seven hundred and fifty) from the defendant with interest at the rate of 12 per cent from date of suit till date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Resolution Letter
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim as it contains the resolution for the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Pro note
Submitted By:
Plaintiff
Relevance:
This pro note evidences the loan agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Cash Voucher
Submitted By:
Plaintiff
Relevance:
It serves as proof that the cash was lent to the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice indicates the plaintiff's attempt to recover the loan amount from the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the lawyer's notice was sent to the defendant.
Reference:
Ext.A4(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card confirms the delivery of the lawyer's notice to the defendant.
Reference:
Ext.A4(b)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Maheswari Finance and Investment vs Hasnath.C.K regarding realization of money
Case Code Year
Case between Maheswari Finance and Investment vs Hasnath.C.K regarding realization of money