Case Summary
The plaintiffs are M/s Mathew and Sons Chitty Fund and Bankers and individuals Roshan Shajan, Shini Shajan, Reshma Shyna Shajan, and Roshna Shyna Shajan. They are involved in a lawsuit to recover a loan amount from the defendants, Shyja Vinod and Vinod T, who defaulted on payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay 86,730/- with interest at 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 86,730/- with interest.
Why Plaintiff Won:
The plaintiffs established their case with sufficient evidence while the defendants failed to present a defense.
The plaintiffs established their case with sufficient evidence while the defendants failed to present a defense.
Losing Side's Weaknesses:
The plaintiffs established their case with sufficient evidence while the defendants failed to present a defense.
The plaintiffs established their case with sufficient evidence while the defendants failed to present a defense.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiffs the sum of 86,730/- (Rupees eighty six thousand seven hundred and thirty only) with interest thereon at the rate of 6% per annum for the principal amount of 70,800/- (Rupees seventy thousand and eight hundred only) from the date of decree till its realization.
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
- Shyja Vinod
- Party Age
- 42
- Relation
- W/o Vinod T
- Party Role
- Defendant
- Party Name
- Vinod T
- Party Age
- 44
- Relation
- S/o Krishnan
Plaintiffs Documents
Loan Cum Guarantee Agreement, Voucher, Demand Promissory Note, Office copy of Lawyers Notice, Notarized copy of Money Lending License.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the defendants to pay the plaintiffs the sum of ₹86,730 with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiffs the sum of 86,730/- (Rupees eighty six thousand seven hundred and thirty only) with interest thereon at the rate of 6% per annum for the principal amount of 70,800/- (Rupees seventy thousand and eight hundred only) from the date of decree till its realization.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realize the costs from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document was executed on 08.02.2019, establishing the loan agreement between the plaintiffs and the defendants.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the loan amount by the defendant on 08.02.2019.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This was executed by the defendants in favor of the plaintiff for the repayment of the loan.
Reference:
Ext.A3
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
This legal notice was sent to the defendants on 20.01.2022 regarding their default in payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the dispatch of the legal notice to the defendants.
Reference:
Ext.A5
Document Type:
Computer print out of Loan Account statement and Personal Ledger
Submitted By:
Plaintiff
Relevance:
This statement provides a detailed record of the loan account showing defaults.
Reference:
Ext.A6
Document Type:
Notarized copy of Money Lending License
Submitted By:
Plaintiff
Relevance:
This document establishes the legality of the plaintiff's operation as a money lender.
Reference:
Ext.A7
Document Type:
Notarized copy of certificate from Taluk Office
Submitted By:
Plaintiff
Relevance:
This certificate provides proof of the plaintiff's legal standing.
Reference:
Ext.A9
Document Type:
Notarized copy of Gazette Publication
Submitted By:
Plaintiff
Relevance:
This document publicizes the plaintiff's business and its legality.
Reference:
Ext.A10
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes Roshan Shajan to act on behalf of the plaintiffs.
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
Recovery of money
Case Code
Case between M/s Mathew and Sons Chitty Fund and Bankers vs Shyja Vinod et al regarding realisation of money
Case Code Year
Case between M/s Mathew and Sons Chitty Fund and Bankers vs Shyja Vinod et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt