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O.S. No.229/2022

Case between Maker Village vs M/s Exploride Technologies Private Limited et al regarding Realization Of Money.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-09-03
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff. The plaintiff is entitled to recover the outstanding loan amount from the defendants.
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
Why Plaintiff Won:
The unrebutted evidence presented by the plaintiff established their claim.

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

Plaintiffs

Maker Village (Age not specified years) Kerala Technology and Infrastructure Zone, Kinfra Hi Tech Park, Kalamassery. Kochi, Kerala 683 603

Defendants

M/s Exploride Technologies Private Limited (Age not specified years) 23, 17th Main, HAL 2nd Stage. Indiranagar, Bengaluru -560038 Mr. Sunil Vallath (33 years) Karthika 8/919. Ambika Nagar, Akathethara, Kallekulangara, Palakkad-678009 Mr. Prasad Vellat Sasikumar (30 years) 2145, 2nd Cross, 17th Main, HAL 2nd Stage, Indiranagar Bengaluru - 560 038

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

Quick Facts

Location
Ernakulam
Case Filed
Tue, 02/20/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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