Case Summary
Meera N B, an LIC agent, is suing Vincy E J and others for repayment of a loan of Rs. 5,50,000/- that she lent to them for construction of their house. The defendants failed to repay the loan despite several demands from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,49,000/- along with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of Rs. 6,49,000/- along with interest at the rate of 6% per annum from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that the loan was given and not repaid.
The plaintiff provided sufficient evidence that the loan was given and not repaid.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that the loan was given and not repaid.
The plaintiff provided sufficient evidence that the loan was given and not repaid.
Supporting Evidence
On perusal of evidence of PW1 and Ext A1 and Ext X1, it is evident that plaintiff has proved a prima facie case that she has transferred money as alleged by her to the accounts of 3ʳᵈ and 2ⁿᵈ defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,49,000/- (Rupees Six lakhs forty nine thousand only) along with interest @ 6% from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Meera N B
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vincy E J
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Martin
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Moly Ranjan
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Original Bank pass book of plaintiff (Union Bank of India), Statement of account for the period from 01.09.2018 to 30.09.2018 of Meera N B, bearing A/c No. 345302010020951 at Union bank of India, Edappally branch
Defendants Documents
Copy of plaint OS 921/21, page 2 para 2 last line
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Geethakumari P S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Ravindranath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bibinkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,49,000/- from the defendants.
Evidence:
Court is satisfied that plaintiff has proved her case and is liable to get a decree in her favour.
Relief Type:
Interest
Outcome:
Granted
Description:
Defendants are directed to pay interest at the rate of 6% per annum from the date of suit till the date of decree or realization.
Evidence:
Defendants shall pay interest at the rate of 6% per annum from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Original Bank pass book
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff debited Rs.1,00,000/- in cash and transferred Rs.2,00,000/- to the 2nd defendant and Rs.2,50,000/- to the 3rd defendant.
Reference:
Ext.A1
Document Type:
Copy of plaint
Submitted By:
Defendant
Relevance:
Serves as a document provided to the defendants indicating the amount received by the plaintiff from her husband.
Reference:
Ext.B1
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
Details the bank transactions of the plaintiff during the relevant period, corroborating her claims.
Reference:
Ext.X1
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 Meera N B vs Vincy E J et al regarding realization of money
Case Code Year
Case between Meera N B vs Vincy E J et al regarding realization of money