Case Summary
The plaintiff, Maker Village, provided a seed loan to the first defendant, Exploride Technologies, which has not been repaid. The case involves a demand for repayment of this loan amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.6,18,800/- along with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The plaintiff is entitled to recover the outstanding loan amount from the defendants.
Why Plaintiff Won:
The unrebutted evidence presented by the plaintiff established their claim.
The unrebutted evidence presented by the plaintiff established their claim.
Losing Side's Weaknesses:
The unrebutted evidence presented by the plaintiff established their claim.
The unrebutted evidence presented by the plaintiff established their claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A6 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize Rs.6,18,800/- (Rupees six lakhs eighteen thousand eight hundred only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maker Village
- Relation
- represented by its Director. Dr. Elizabeth Sherly
- Party Role
- Defendant
- Party Name
- M/s Exploride Technologies Private Limited
- Party Role
- Defendant
- Party Name
- Mr. Sunil Vallath
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Prasad Vellat Sasikumar
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Original Deed agreement dated 10.01.2018, Original personal guarantee agreement dated 10.01.2018, Statement of accounts issued from Canara Bank, Kazhakuttam Branch, Copy of lawyer's notice dated 30.10.2020 issued to the defendants.
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
- Amrutha Priya C.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Realization of Rs.6,18,800 from the defendants.
Evidence:
Plaintiff is entitled to realize Rs.6,18,800 from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest on the loan amount at 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.6,18,800 from the date of suit till date decree from the defendants.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest on the loan amount at 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.6,18,800 from date of decree till date of realization from the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be realized from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Seed Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original deed agreement establishing the loan terms.
Reference:
Ext.A1
Document Type:
Personal guarantee agreement
Submitted By:
Plaintiff
Relevance:
Guarantees repayment of the loan by the defendants.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Statement of accounts showing the outstanding loan amount.
Reference:
Ext.A3
Document Type:
Certification
Submitted By:
Plaintiff
Relevance:
Certification of the bank statement.
Reference:
Ext.A3(a)
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the 1st defendant regarding the outstanding loan.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the 2nd defendant regarding the outstanding loan.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the 3rd defendant regarding the outstanding loan.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Maker Village vs M/s Exploride Technologies Private Limited et al regarding Realization Of Money.
Case Code Year
Case between Maker Village vs M/s Exploride Technologies Private Limited et al regarding Realization Of Money.