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O.S. No. 385/2023

Case between M/s Mathew and Sons Chitty fund and Bankers vs Manju Suresh et al regarding realisation of money

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Indu. P. Raj
Order Date
2025-06-16
Duration
approximately-4 years 5 months
Case Closed
Mon, 06/16/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, M/s Mathew and Sons Chitty Fund and Bankers, are seeking to recover a loan amount from the defendants, who defaulted on their payments. The defendants did not appear in court, and the case was proceeded as exparte.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay a sum of ₹76,695 with interest. The plaintiffs are also entitled to recover costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay the sum of ₹76,695 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendants to pay a sum of ₹76,695 with interest. The plaintiffs are also entitled to recover costs from the defendants.
Why Plaintiff Won:
The plaintiffs established their case with the evidence and documentation they provided, which was not rebutted by the defendants.
Losing Side's Weaknesses:
Not available
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 dated 29.12.2020, Legal Notice dated 13.06.2023, Postal receipt, 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 sought recovery of the loan amount with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiffs sought to recover 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:
Document establishes the terms of the loan provided to the defendants.
Reference:
Ext.A1
Document Type: Voucher
Submitted By: Plaintiff
Relevance:
Document confirming the receipt of the loan amount by the defendants.
Reference:
Ext.A2
Document Type: Demand Promissory note signed by D1 to D3
Submitted By: Plaintiff
Relevance:
Document evidencing the defendants' unconditional obligation to repay the loan.
Reference:
Ext.A3
Document Type: Office copy of Lawyers notice
Submitted By: Plaintiff
Relevance:
Legal notice sent to the defendants demanding repayment of the loan.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Document showing the postal dispatch of the legal notice to the defendants.
Reference:
Ext.A5
Document Type: Certified copy of Account statement
Submitted By: Plaintiff
Relevance:
Account statement providing details of payments made and outstanding amounts.
Reference:
Ext.A6
Document Type: Certified copy of General Power of attorney
Submitted By: Plaintiff
Relevance:
Document establishing the authority of Roshan Shajan 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 realisation of money
Case Code Year
Case between M/s Mathew and Sons Chitty fund and Bankers vs Manju Suresh et al regarding realisation of money

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Tue, 12/29/2020 - 12:00
Case Closed
Mon, 06/16/2025 - 12:00
From
Sun, 06/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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