Case Summary
The plaintiff, Metro Bankers, is a registered partnership firm conducting money lending business. The defendants, Vishnu K and Viji A R, availed a loan from the plaintiff and failed to repay the amount as per the agreed terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 13,700/- along with 12% interest from the date of the suit till the date of decree and at the rate of 6% interest from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs, and the defendants are directed to pay an amount of Rs. 13,700/- along with interest.
Why Plaintiff Won:
The evidence supported the plaintiff's claim for the loan amount as the defendants defaulted on repayment.
The evidence supported the plaintiff's claim for the loan amount as the defendants defaulted on repayment.
Losing Side's Weaknesses:
The evidence supported the plaintiff's claim for the loan amount as the defendants defaulted on repayment.
The evidence supported the plaintiff's claim for the loan amount as the defendants defaulted on repayment.
Supporting Evidence
From the unchallenged evidence of PW1 read along with the documents marked as Ext.A1 to A16, in the absence of any contra evidence, establishes the case of the plaintiff that the defendants had availed a loan as stated in the plaint.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of Rs. 13,700/- along with 12% interest from the date of the suit till the date of decree and at the rate of 6% interest from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Metro Bankers
- Party Role
- Defendant
- Party Name
- Vishnu K
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viji A R
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Certified copy of Partnership Deed, Certified copy of money lending licence, Certified copy of Power of Attorney, Original quotation letter dated 28/08/18, Loan application.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Binla T Thambi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of loan amount with interest.
Evidence:
I hold that the plaintiff is entitled to get a decree to realize the above stated amount.
Documents & Evidence
Document Type:
Certified copy of Partnership Deed
Submitted By:
Plaintiff
Relevance:
Establishes the partnership of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Certified copy of money lending licence
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiff is authorized to conduct money lending business.
Reference:
Ext.A2
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes representation of the plaintiff firm.
Reference:
Ext.A3
Document Type:
Certified copy of Partnership Deed
Submitted By:
Plaintiff
Relevance:
Reiterates the partnership status.
Reference:
Ext.A4
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Provides authority related to firm representation.
Reference:
Ext.A5
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Details a decision made by the plaintiff firm.
Reference:
Ext.A6
Document Type:
Original quotation
Submitted By:
Plaintiff
Relevance:
Serves as evidence in loan amount agreement.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows payment history related to the loan.
Reference:
Ext.A8
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan availed by the defendants.
Reference:
Ext.A9
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Demands repayment of the loan amount from the defendants.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Serve as proof of sending the lawyer's notice.
Reference:
Ext.A11
Document Type:
Postal A/d Cards
Submitted By:
Plaintiff
Relevance:
Evidence of receipt of the lawyer's notice by the defendants.
Reference:
Ext.A12
Document Type:
Personal ledger report
Submitted By:
Plaintiff
Relevance:
Details financial transactions related to the loan.
Reference:
Ext.A13
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application submitted by defendants for the loan.
Reference:
Ext.A14
Document Type:
Original muster roll/Attendance register of the firm
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the firm's operations.
Reference:
Ext.A15
Document Type:
Original confirmation of appointment letter
Submitted By:
Plaintiff
Relevance:
Confirms the authority and existence of the firm.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between Metro Bankers vs Vishnu K et al regarding realisation of money
Case Code Year
Case between Metro Bankers vs Vishnu K et al regarding realisation of money