Case Summary
The plaintiff, M/s Mathew and Sons Finance, engaged in money lending, filed a suit against the defendants for non-repayment of a loan of ₹4,00,000. The defendants defaulted on repayments despite receiving legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹2,26,450 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff ₹2,26,450 with interest. The plaintiff's evidence established the case.
Why Plaintiff Won:
The plaintiff's evidence was undisputed and established the claim.
The plaintiff's evidence was undisputed and established the claim.
Losing Side's Weaknesses:
The plaintiff's evidence was undisputed and established the claim.
The plaintiff's evidence was undisputed and established the claim.
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 2,26,450/- (Rupees Two Lakh Twenty Six Thousand Four Hundred and Fifty only) with interest thereon at the rate of 6% per annum 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 Finance
- Party Role
- Defendant
- Party Name
- K. Sarumma
- Party Age
- 63
- Relation
- W/o Assu. K.P.
- Party Role
- Defendant
- Party Name
- Firose K
- Party Age
- 48
- Relation
- S/o Assu. K.P.
- Party Role
- Defendant
- Party Name
- M.A. Noushad
- Party Age
- 48
- Relation
- S/o Abdul Rahman
- Party Role
- Defendant
- Party Name
- T.S. Muhammed Shaji @ T.S. Muhammed Sali
- Party Age
- 62
- Relation
- S/o Saidu Muhammed
- Party Role
- Defendant
- Party Name
- Sulbath
- Party Age
- 57
- Relation
- W/o T.S. Muhammed Shaji
Plaintiffs Documents
A1 16.05.2023 Loan cum Guarantee Agreement, A2 16.05.2023 Voucher, A3 16.05.2023 Demand Promissory Note, A4 13.06.2024 Lawyers Notice, A5 13.06.2024 Postal Receipts, A6 02.08.2024 Computer copy of Loan Account Statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of ₹2,26,450/- along with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 2,26,450/- (Rupees Two Lakh Twenty Six Thousand Four Hundred and Fifty only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed a Loan Cum Guarantee Agreement for the loan provided to the defendants.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
Acknowledged receipt of the loan amount by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Served as a formal acknowledgment of the loan taken by the defendants.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
A Legal Notice issued to defendants regarding the unpaid loan amount.
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:
Computer copy of Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Details of the loan account status and payments made.
Reference:
Ext.A6
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 Finance vs K. Sarumma et al regarding recovery of loan amount
Case Code Year
Case between M/s Mathew and Sons Finance vs K. Sarumma et al regarding recovery of loan amount
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque