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
The court found that the plaintiff failed to prove the execution of the seed loan agreement and any personal guarantee by the defendants. The suit was dismissed, and each party was directed to bear their own costs.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The evidence of PW1 was found unreliable as he had no direct knowledge of the transactions involved.
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maker Village
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Dr. Elizabeth Sherly
- Relation
- Director
- Party Role
- Defendant
- Party Name
- M/s Doptale Interactive Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Mr. Salin Sunny
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Rahul R S
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Seed Loan Agreement dated 18.11.2017, Personal Guarantee Agreement dated 20.11.2017, multiple legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pirappancode V. S. Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Megha A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. S Varalakshmi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrithapriya C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan Varghese M
- Appearance Type
- Main Counsel
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)
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 Maker Village et al vs M/s Doptale Interactive Pvt. Ltd. et al regarding money recovery
Case Code Year
Case between Maker Village et al vs M/s Doptale Interactive Pvt. Ltd. et al regarding money recovery