Case Summary
The plaintiff, M/s Mathews and Sons Finance, is involved in a case against Johnychan Mathew and others related to a money lending agreement. The defendants failed to repay a loan, leading the plaintiff to seek recovery through the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay to the plaintiff the sum of ₹7,04,600/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants shall pay ₹7,04,600/- along with interest for the unpaid loan amount. The plaintiff is entitled to recover the costs from the defendants.
Why Plaintiff Won:
Evidence of the plaintiff established the case without rebuttal.
Evidence of the plaintiff established the case without rebuttal.
Losing Side's Weaknesses:
Evidence of the plaintiff established the case without rebuttal.
Evidence of the plaintiff established the case without rebuttal.
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 shall pay to the plaintiff the sum of ₹7,04,600/- (Rupees Seven Lakhs Four Thousand and Six Hundred only) along with interest 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 Mathews and Sons Finance
- Party Role
- Defendant
- Party Name
- Johnychan Mathew
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Roy Mathew
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rossamma Johnychan
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunny Sebastian
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan cum Guarantee Agreement, Voucher for Rs.1200000/-, Demand promissory note signed by the defendants 1 to 4, Office copy of the Lawyer's notices, Postal Receipt, Loan Account Statement of Johnychan Mathew.
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 a loan amount of ₹7,04,600/- along with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of ₹7,04,600/- (Rupees Seven Lakhs Four Thousand and Six Hundred only) along with interest 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:
The plaintiff sought costs to be realized from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the terms of the loan agreement between the plaintiff and 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:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note serves as evidence of the defendants' promise to repay the loan.
Reference:
Ext.A3
Document Type:
Office copy of the Lawyer's notices
Submitted By:
Plaintiff
Relevance:
The document serves as proof of the legal notice sent to the defendants demanding repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence of the sending of the notices to the defendants.
Reference:
Ext.A5
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
This document provides the current status of the loan account of the first defendant.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt