Case Summary
The plaintiff, M/s Mathew and Sons Finance, is seeking to recover a loan amount from the defendants who have defaulted on their repayment. The defendants were served summons but failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay the sum of 1,40,750/- (Rupees One Lakh Forty Thousand Seven Hundred and Fifty only) 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 the claimed amount with interest. Costs are to be borne by the defendants.
Why Plaintiff Won:
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.
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.
Losing Side's Weaknesses:
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.
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.
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 1,40,750/- (Rupees One Lakh Forty Thousand Seven 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
- 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 signed by the defendants in favour of plaintiff, Office copy of Lawyer's Notice, Postal Receipt, 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:
Recovery of ₹1,40,750 with interest from the defendants.
Evidence:
the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 1,40,750/- (Rupees One Lakh Forty Thousand Seven 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:
Evidence of the agreement between the plaintiff and the 1st defendant for the loan.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the loan amount by the defendant.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
A legal document executed by the defendants promising to repay the loan.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notification sent to the defendants regarding the loan default.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A5
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement showing the loan details 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
Non-payment of rent
Case Code
Case between M/s Mathew and Sons Finance vs Sreenivasan Nair K.S et al regarding realisation of money
Case Code Year
Case between M/s Mathew and Sons Finance vs Sreenivasan Nair K.S et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt