Case Summary
The plaintiff, M/S Mathew and sons Finance, is seeking to recover a loan amount from the defendants who defaulted on payments. The court found that the defendants did not present any rebuttal evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹1,34,150/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to pay the loan amount with interest. The court ruled that the plaintiff provided sufficient evidence.
Why Plaintiff Won:
The plaintiff provided compelling evidence supporting their claim.
The plaintiff provided compelling evidence supporting their claim.
Losing Side's Weaknesses:
The plaintiff provided compelling evidence supporting their claim.
The plaintiff provided compelling evidence supporting their 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 1,34,150/- (Rupees One Lakh Thirty Four Thousand One 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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sreenivasan Nair K.S
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu Sreenivas
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Loan Cum Guarantee Agreement, Voucher, Promissory Note, Office Copy of the lawyers 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:
The plaintiff sought recovery of ₹1,34,150/- along with applicable 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 1,34,150/- (Rupees One Lakh Thirty Four Thousand One 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:
This document outlines the terms and conditions under which the loan was provided.
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 document serves as a formal promise to repay the loan amount.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise to repay the loan amount.
Reference:
Ext.A3(a)
Document Type:
Office copy of the Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This document notifies the defendants of their default in payment and demands payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A5(a)
Document Type:
Computer Print out of Loan account Statement
Submitted By:
Plaintiff
Relevance:
This document details the loan account transactions and outstanding payments.
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 Sreenivasan Nair K.S et al regarding recovery of loan amount.
Case Code Year
Case between M/S Mathew and sons Finance vs Sreenivasan Nair K.S et al regarding recovery of loan amount.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt