Case Summary
The plaintiff, an electronic incubator, seeks to recover a refundable seed loan from the defendants who failed to repay as agreed. The plaintiff claims an outstanding amount as of February 2022 and requests a decree for the recovery of this amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay an amount of Rs.5,65,000/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the claimed amount along with interest. The plaintiff was also awarded costs.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. The issues are accordingly answered in favour of the plaintiff.
Judgment Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.5,65,000/- with 12% interest per annum from 28-02-2022 to the date of suit. In default, the plaintiff is entitled to recover the decree amount from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maker Village, Kerala Technology and Infrastructure Zone, Kinfra Hi Tech park, Kalamassery
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Dr.Elizabeth Sherly
- Relation
- Director
- Party Role
- Defendant
- Party Name
- M/s Wahoo Technologies private limited
- Party Role
- Defendant
- Party Name
- Manoj Madusoodhanan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gifson Jame
- Relation
- S/o
Plaintiffs Documents
Seed loan agreement, Personal guarantee agreement, Current saving account statements, Legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V.S.Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover Rs. 5,65,000 with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.5,65,000/- (Rupees Five Lakhs Sixty Five Thousand only) with 12% interest per annum from 28-02-2022 to the date of suit and at a reasonable rate of 8% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs.
Evidence:
The plaintiff is also entitled to the costs.
Documents & Evidence
Document Type:
Seed Loan Agreement
Submitted By:
Plaintiff
Relevance:
The seed loan agreement establishes the terms under which the plaintiff provided funding to the defendants.
Reference:
Ext.A1
Document Type:
Personal guarantee agreement
Submitted By:
Plaintiff
Relevance:
The personal guarantee agreement signifies the defendants' commitment to repay the loan.
Reference:
Ext.A2
Document Type:
Current saving account statement
Submitted By:
Plaintiff
Relevance:
This document evidences the financial transactions relevant to the loan.
Reference:
Ext.A3
Document Type:
Current saving account statement
Submitted By:
Plaintiff
Relevance:
This document evidences the financial transactions relevant to the loan.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the 1st defendant regarding the repayment.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the 2nd defendant regarding the repayment.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the 3rd defendant regarding the repayment.
Reference:
Ext.A7
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, Kerala Technology and Infrastructure Zone, Kinfra Hi Tech park, Kalamassery vs M/s Wahoo Technologies private limited et al regarding recovery of money.
Case Code Year
Case between Maker Village, Kerala Technology and Infrastructure Zone, Kinfra Hi Tech park, Kalamassery vs M/s Wahoo Technologies private limited et al regarding recovery of money.