Case Summary
The plaintiff, M/s. Capital Finserve Limited, is seeking to recover a loan amount from the defendants, who failed to repay it. The amount due from the defendants as of the date of the suit is ₹1,24,389.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹1,24,389 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to pay the outstanding loan amount with interest. If the defendants do not comply, the plaintiff can recover the amount from the defendants or their assets.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is nothing to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff an amount of 1,24,389/- (Rupees one lakh twenty four thousand three hundred and eighty nine only)...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Capital Finserve Limited
- Party Role
- Defendant
- Party Name
- Mr. Jaisoorya G.S
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Priyanka Jaisoorya
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suneesh Kumar
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Certified copy of the resolution passed, Copy of Company’s Memorandum of Association, Loan Application Form, Loan Sanction Letter, Promissory Note, Loan Statement Report, Computer print out of Loan Statement Report, Certificate u/s. 65 B of Indian Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.S Dileep P Binod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suseela Dileep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Y Sudheendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harishankar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 1,24,389/- with interest.
Evidence:
The defendants are directed to pay to the plaintiff an amount of 1,24,389/- (Rupees one lakh twenty four thousand three hundred and eighty nine only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendants or their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence to support the plaintiff's authority to file the suit.
Reference:
Ext.A1
Document Type:
Certified copy of the resolution passed
Submitted By:
Plaintiff
Relevance:
This document established the resolution by the company related to the loan.
Reference:
Ext.A2
Document Type:
Copy of Company's Memorandum of Association
Submitted By:
Plaintiff
Relevance:
This document was necessary to verify the plaintiff company's legal standing.
Reference:
Ext.A3
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was used to show the details of the loan applied by the defendants.
Reference:
Ext.A4
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document confirmed that the loan was sanctioned to the defendants.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was evidence of the defendants' promise to repay the loan.
Reference:
Ext.A6
Document Type:
Loan Statement Report
Submitted By:
Plaintiff
Relevance:
This document illustrated the repayment status of the loan.
Reference:
Ext.A7
Document Type:
Computer print out of Loan Statement Report
Submitted By:
Plaintiff
Relevance:
This document supported the claim regarding the outstanding loan amount.
Reference:
Ext.A8
Document Type:
Certificate u/s. 65 B of Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
This document authenticated the electronic records submitted as evidence.
Reference:
Ext.A9
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 M/s. Capital Finserve Limited vs Mr. Jaisoorya G.S et al regarding realisation of money.
Case Code Year
Case between M/s. Capital Finserve Limited vs Mr. Jaisoorya G.S et al regarding realisation of money.