Case Summary
Metro Finvest, a registered partnership firm, is suing Umesh Unnikrishnan and his wife Vaishnavi M for the repayment of a personal loan of Rs. 50,000, which they failed to repay. The defendants were set exparte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 92,860 along with 9% 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
Why Plaintiff Won:
The plaintiff proved that the defendants had availed a loan and failed to repay it as per the agreed terms.
The plaintiff proved that the defendants had availed a loan and failed to repay it as per the agreed terms.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of Rs.92,860/- along with 9% 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
Plaintiffs
Basil Baby (43 years years)
Parvelikudy House, Perumbavoor Kara, Perumbavoor Village, Kunnathunadu Taluk.
Defendants
Umesh Unnikrishnan (29 years years)
Arackal House, Valayanchirangara P. O, Pin - 683556, Airapuram Village Kunnathunad Taluk, Ernakulam District.
Vaishnavi M (26 years years)
Arackal House, Valayanchirangara P. O, Pin - 683556, Airapuram Village Kunnathunad Taluk, Ernakulam District.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.92,860/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of Rs.92,860/- along with 9% 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.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Attested copy of partnership deed establishing the plaintiff's business.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Lawyer notices
Submitted By:
Plaintiff
Relevance:
Notices sent to defendants regarding default in loan repayment.
Reference:
Ext.A3 series
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of mailing the lawyer notices to the defendants.
Reference:
Ext.A4 series
Document Type:
Personal ledger report
Submitted By:
Plaintiff
Relevance:
Record showing the financial transactions related to the loan.
Reference:
Ext.A5
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for the loan filled by the defendants.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Delivery acknowledgment card related to the notice sent.
Reference:
Ext.A7
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Notice returned unclaimed by the second defendant.
Reference:
Ext.A8