Case Summary
The plaintiffs, engaged in money lending, filed a suit against the defendants for recovery of a loan amount due. The defendants failed to appear in court, and the case proceeded exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay the sum of 76,695/- with interest at the rate of 6% per annum from the date of institution of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay the amount due with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff established the case without rebuttal from the defendants.
The evidence adduced by the plaintiff established the case without rebuttal from the defendants.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff established the case without rebuttal from the defendants.
The evidence adduced by the plaintiff established the case without rebuttal from the defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 76,695/- (Rupees Seventy Six Thousand Six Hundred and Ninety Five Only) with interest thereon at the rate of 6% per annum upon the principal amount of 76,695/- (Rupees Seventy Six Thousand Six Hundred and Ninety Five Only) from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mathew and Sons Chitty fund and Bankers
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Roshan Shajan
- Party Age
- 23
- Relation
- S/o late Shajimon Mathew
- Party Role
- Plaintiff
- Party Name
- Shini Shajan
- Party Age
- 50
- Relation
- W/o late Shajimon Mathew
- Party Role
- Plaintiff
- Party Name
- Reshma shyna shajan
- Party Age
- 25
- Relation
- D/o late Shajimon Mathew
- Party Role
- Plaintiff
- Party Name
- Roshna Shyna Shajan
- Party Age
- 21
- Relation
- D/o late Shajimon Mathew
- Party Role
- Defendant
- Party Name
- Manju Suresh
- Party Age
- 43
- Relation
- S/o Suresh Babu
- Party Role
- Defendant
- Party Name
- Anil Kumar P P
- Party Age
- 40
- Relation
- S/o Premkumar
- Party Role
- Defendant
- Party Name
- Ajay Paul suresh
- Party Age
- 21
- Relation
- S/o Suresh Babu
Plaintiffs Documents
Loan Cum Guarantee agreement dated 29.12.2020, Voucher dated 29.12.2020, Demand Promissory note signed by D1 to D3, Office copy of lawyers Notice dated 13.06.2023, Postal receipt dated 13.06.2023, Certified copy of Account Statement dated 13.05.2025, Certified copy of General Power of attorney dated 24.11.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs requested to recover the loan amount with interest from the defendants.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 76,695/- (Rupees Seventy Six Thousand Six Hundred and Ninety Five Only) with interest thereon at the rate of 6% per annum upon the principal amount of 76,695/- (Rupees Seventy Six Thousand Six Hundred and Ninety Five Only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the loan amount and repayment terms agreed upon by the defendants.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the loan amount by the first defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is a formal note signed by the defendants agreeing to repay the loan.
Reference:
Ext.A3
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice sent to the defendants concerning the loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the dispatch of the legal notice to the defendants.
Reference:
Ext.A5
Document Type:
Certified copy of Account statement
Submitted By:
Plaintiff
Relevance:
This document provides details of the payment history related to the loan.
Reference:
Ext.A6
Document Type:
Certified copy of General Power of attorney
Submitted By:
Plaintiff
Relevance:
This document establishes Roshan Shajan's authority to represent the plaintiffs.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between M/s Mathew and Sons Chitty fund and Bankers vs Manju Suresh et al regarding Suit for realisation of money.
Case Code Year
Case between M/s Mathew and Sons Chitty fund and Bankers vs Manju Suresh et al regarding Suit for realisation of money.