Case Summary
The plaintiff, M/s Mathew and Sons Finance, is seeking to recover a loan amount from the defendants. The defendants, who approached the plaintiff for a loan of ₹2,00,000, have defaulted on payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay to the plaintiff the sum of ₹1,43,000 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay ₹1,43,000 with interest. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The plaint averments, affidavit and documents established the case of the plaintiff.
The plaint averments, affidavit and documents established the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and documents established the case of the plaintiff.
The plaint averments, affidavit and documents established the case of the plaintiff.
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 1,43,000/- (Rupees One Lakh and Forty Three Thousand 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pradeep M.M
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aswathy E.P
- Party Age
- 27
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thulasi Mohanan
- Party Age
- 57
- Relation
- W/o
Plaintiffs Documents
Loan cum Guarantee Agreement, Voucher, Promissory Note, Office copy of Lawyer's Notice, Computer print out 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 seeks to recover an amount of ₹1,43,000 with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 1,43,000/- (Rupees One Lakh and Forty Three Thousand 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.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realize the costs from the defendants.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan agreement entered into 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:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This note confirms the defendants' obligation to repay the loan amount to the plaintiff.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants reminding them of their obligation to repay the loan.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants reminding them of their obligation to repay the loan.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A5(a)
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
This statement details the loan repayment schedule and the payments made by the defendants.
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
Non-payment of rent
Case Code
Case between M/s Mathew and Sons Finance vs Pradeep M.M et al regarding realization of money
Case Code Year
Case between M/s Mathew and Sons Finance vs Pradeep M.M et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt