Case Summary
The plaintiffs, consisting of the family members of late Shajimon Mathew, filed a suit against the defendants for the realisation of a loan amount. The plaintiffs claimed that the defendants defaulted on repayment of the loan provided by the family business after the death of Shajimon Mathew.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay jointly and severally a sum of 2,16,650/- with interest at the rate of 6% per annum from the date of suit till realisation, together with costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, directing the defendants to pay a sum of 2,16,650/- with interest and costs.
Why Plaintiff Won:
The plaintiffs successfully proved the loan transaction, execution of documents, and the default in repayment.
The plaintiffs successfully proved the loan transaction, execution of documents, and the default in repayment.
Losing Side's Weaknesses:
The plaintiffs successfully proved the loan transaction, execution of documents, and the default in repayment.
The plaintiffs successfully proved the loan transaction, execution of documents, and the default in repayment.
Supporting Evidence
The oral evidence of PW1 and Exts. A1 to A11 clearly prove the loan transaction and execution of documents.
Judgment Evidence:
In the result, the suit is decreed. The defendants are directed to pay jointly and severally to the plaintiffs a sum of 2,16,650/- (Rupees Two Lakhs Sixteen Thousand Six Hundred and Fifty only) with interest at the rate of 6% per annum from the date of suit till realisation, together with costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ms. Mathew and Sons Chitty Fund and Bankers
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Roshan Shajan
- Party Age
- 23
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shini Shajan
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Reshma Shyna Shajan
- Party Age
- 25
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Roshna Shyna Shajan
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anilkumar. K
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santha. T.M
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prameela. C.P
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Loan Cum Guarantee Agreement dated 20.02.2021, Demand promissory note signed by the defendants, legal notice dated 02-11-2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binoy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Glory Ann Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs requested recovery of amount due from defendants.
Evidence:
The suit is decreed. The defendants are directed to pay jointly and severally to the plaintiffs a sum of 2,16,650/- with interest at the rate of 6% per annum from the date of suit till realisation.
Documents & Evidence
Document Type:
Loan-cum-Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan transaction and agreement between plaintiffs and defendants.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
Document acknowledging receipt of the loan amount by the first defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents signed by the defendants agreeing to repay the loan amount.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Document informing defendants of the outstanding payment and demands.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendants.
Reference:
Ext.A5
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the transactions related to the loan account of the first defendant.
Reference:
Ext.A6
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
Document proving the legitimacy of the plaintiffs' money lending operations.
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Document proving the death of Shajimon Mathew, the proprietor of the plaintiff concern.
Reference:
Ext.A8
Document Type:
Heir-ship Certificate
Submitted By:
Plaintiff
Relevance:
Document establishing the legal heirs of Shajimon Mathew.
Reference:
Ext.A9
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Official publication related to the legal matters involving Shajimon Mathew.
Reference:
Ext.A10
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document granting authority to Roshan Shajan to represent plaintiffs 2, 4, and 5.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Ms. Mathew and Sons Chitty Fund and Bankers et al vs Anilkumar. K et al regarding realisation of money.
Case Code Year
Case between Ms. Mathew and Sons Chitty Fund and Bankers et al vs Anilkumar. K et al regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt