Case Summary
The case involves M/s. Malabar Chit Funds Pvt. Ltd as the plaintiff seeking recovery of money from defendants Beerakutty. M. T, Amal Baburaj, and Aswin. K. The defendants failed to repay the amount due to the plaintiff from a chit fund agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 2,86,200/- to the plaintiff jointly and severally with interest.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to pay a total of Rs. 2,86,200/- along with interest and costs.
Why Plaintiff Won:
The plaint claim of borrowal and default of payments is proved by the affidavit and documents.
The plaint claim of borrowal and default of payments is proved by the affidavit and documents.
Losing Side's Weaknesses:
The plaint claim of borrowal and default of payments is proved by the affidavit and documents.
The plaint claim of borrowal and default of payments is proved by the affidavit and documents.
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A5.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendants are directed to pay Rs. 2,86,200/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Malabar Chit Funds Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Beerakutty. M. T
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amal Baburaj
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aswin. K
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Kacheat executed between defendants and plaintiff, Payment Voucher, Pronote, Account statement, Extract of Minutes and resolution passed by the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Arif K. P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Swathi Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T. K. Fasil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 2,86,200/- with interest from the defendants.
Evidence:
The suit is decreed as follows: The defendants are directed to pay Rs. 2,86,200/- (Rupees Two Lakhs Eighty Six Thousand And Two Hundred Only) to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendants to the plaintiff.
Evidence:
The defendants are also directed to pay jointly and severally the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
Document executed between defendants and plaintiff regarding the chitty transaction.
Reference:
Ext.A1
Document Type:
Payment Voucher
Submitted By:
Plaintiff
Relevance:
Voucher evidencing payment related to the chitty.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the defendants' promise to repay the borrowed amount.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Document showing the account status and payment history.
Reference:
Ext.A4
Document Type:
Minutes and Resolution
Submitted By:
Plaintiff
Relevance:
Extract showing the resolutions related to the chitty transaction by the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between M/s. Malabar Chit Funds Pvt. Ltd vs Beerakutty. M. T et al regarding realization of money.
Case Code Year
Case between M/s. Malabar Chit Funds Pvt. Ltd vs Beerakutty. M. T et al regarding realization of money.