Case Summary
M/s Mathew and Sons Finance is involved in a suit against Pradeep M.M and Aswathy E.P for the recovery of a loan amount. The defendants defaulted on repayments agreed upon a Loan Cum Guarantee Agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹63,400 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay the plaintiff ₹63,400 with interest. Plaintiff established its case based on the agreements signed by the defendants.
Why Plaintiff Won:
The plaintiff established the case with sufficient evidence and the defendants failed to rebut this evidence.
The plaintiff established the case with sufficient evidence and the defendants failed to rebut this evidence.
Losing Side's Weaknesses:
The plaintiff established the case with sufficient evidence and the defendants failed to rebut this evidence.
The plaintiff established the case with sufficient evidence and the defendants failed to rebut this evidence.
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 63,400/ (Rupees Sixty Three Thousand and Four Hundred 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
Plaintiffs Documents
Loan cum Guarantee Agreement dated 19.08.2023, Voucher dated 19.08.2023, Demand Promissory Note dated 19.08.2023, Legal Notice dated 14.02.2025, Account Statement dated 19.02.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the loan amount with interest due to default in payments by 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 63,400/- (Rupees Sixty Three Thousand and Four Hundred 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:
The agreement was executed between the plaintiff and the first defendant for the loan amount.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
The voucher acknowledges the receipt of the loan amount by the first defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The note was executed by the first defendant in favor of the plaintiff for the loan repayment.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendants regarding the default in payment.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
An additional notice was issued to the defendants regarding the default in payment.
Reference:
Ext.A4(a)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts were submitted to establish that the notices were sent to the defendants.
Reference:
Ext.A5 Series
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
A specific receipt that confirms the dispatch of the notice.
Reference:
Ext.A5(a)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The statement reflects the financial transactions related to the loan.
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 Suit for realisation of money.
Case Code Year
Case between M/s Mathew and Sons Finance vs Pradeep M.M et al regarding Suit for realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt