Case Summary
The plaintiff, Mathew C.M., advanced money to the defendant, Subichan P.K., for a business project that was never realized. After attempts to reclaim his money, the plaintiff approached the court for relief as the defendant failed to repay the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹.4,99,750/- and also to realize 9% interest from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the amount advanced with interest.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence regarding the debt and the defendant's agreement to repay.
The plaintiff provided unrebutted evidence regarding the debt and the defendant's agreement to repay.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence regarding the debt and the defendant's agreement to repay.
The plaintiff provided unrebutted evidence regarding the debt and the defendant's agreement to repay.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff Bank, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹.4,99,750/-(Rupees Four Lakh Ninety Nine Thousand Seven Hundred and Fifty only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 15.02.2025 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew C.M.
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subichan P.K.
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Agreement dated 23.08.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for the return of ₹.4,99,750/- with interest.
Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff’s firm is allowed to realize the plaint claim of ₹.4,99,750/-(Rupees Four Lakh Ninety Nine Thousand Seven Hundred and Fifty only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 15.02.2025 till realization.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The original agreement dated 23.08.2024, wherein the defendant acknowledges the debt and agrees to repay it with interest.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
OS
Case Code Year
2025