Case Summary
The plaintiff, Maker Village, an electronic incubator, is seeking to recover a seed loan from the defendants, M/s Doptale Interactive Pvt. Ltd., Mr. Salin Sunny, and Mr. Rahul R S, who allegedly defaulted on repayments. The case revolves around the non-repayment of the loan amount despite several requests and a legal notice sent to the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not provide sufficient evidence to support the case against the defendants.
The plaintiff did not provide sufficient evidence to support the case against the defendants.
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Plaintiffs
Maker Village (Age not specified years)
Kerala Technology and Infrastructure Zone, Kinfra Hi Tech Park, Kalamassery, Kochi, Kerala 683 603
Dr. Elizabeth Sherly (Age not specified years)
Defendants
M/s Doptale Interactive Pvt. Ltd. (Age not specified years)
Door No. 10/269 – AB2, Mulakkampilly Road, Chittethukara, Kakkanad – 682 030
Mr. Salin Sunny (30 years)
Chirayath 6, Thannyam Panchayath - 680 565
Mr. Rahul R S (32 years)
Lakshmi Sadanam, Poruvazhy, Chathakulam P.O, Kollam – 695 020
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover the outstanding loan amount from the defendants.
Evidence:
In the absence of any proof as regards the entitlement of the plaintiff to realize any amount from the defendants, the plaintiff is not entitled to any interest or reliefs.
Documents & Evidence
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
Subject to objection regarding its relation to the plaintiff entity.
Reference:
Ext.A1
Document Type:
Seed Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement under which the defendant was to repay the loan amount.
Reference:
Ext.A2
Document Type:
Personal Guarantee
Submitted By:
Plaintiff
Relevance:
An agreement that the defendants would ensure payment of the loan.
Reference:
Ext.A3
Document Type:
Computer print out of Account Statement
Submitted By:
Plaintiff
Relevance:
An account statement produced subject to proof.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account with certification.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants regarding outstanding payment.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Additional notice sent to defendants regarding payment.
Reference:
Ext.A7
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Further notice sent to defendants regarding repayment.
Reference:
Ext.A8
Document Type:
Attested copy of Statement of Account
Submitted By:
Court
Relevance:
Account statement related to the plaintiff's claims.
Reference:
X1
Document Type:
Certificate
Submitted By:
Court
Relevance:
Certification under the Bankers Book of Evidence Act regarding the account statement.
Reference:
X1(a)
Document Type:
Attested copy of Statement of Account
Submitted By:
Court
Relevance:
Another account statement supporting the plaintiff's claims.
Reference:
X2
Document Type:
Certificate
Submitted By:
Court
Relevance:
Certification related to the second set of account statements under the Bankers Book of Evidence Act.
Reference:
X2(a)