Case Summary
M/s. Matrix Finbiz Pvt. Ltd. filed a suit against Elsy Paulose and others for defaulting on a loan repayment. The plaintiff claims the defendants are liable to pay the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹.39,430 along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount with interest.
Why Plaintiff Won:
The plaintiff established its case through documentary evidence and the oral testimony.
The plaintiff established its case through documentary evidence and the oral testimony.
Losing Side's Weaknesses:
The plaintiff established its case through documentary evidence and the oral testimony.
The plaintiff established its case through documentary evidence and the oral testimony.
Supporting Evidence
From the plaint averments, the oral evidence, and Exhibits A1 to A6, it is evident that the defendants obtained a loan from the plaintiff and executed the relevant documents in support of the transaction.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay an amount of ₹.39,430 (Rupees Thirty-Nine Thousand Four Hundred and Thirty only) to the plaintiff, along with interest at the rate of 12% per annum from the date of the suit till the date of decree, and future interest at the rate of 6% per annum from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Matrix Finbiz Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Manojkumar
- Party Age
- 40
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Rajan A.V
- Party Age
- 45
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Elsy Paulose
- Party Age
- 48
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Siji Viju
- Party Age
- 41
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Viswamohini
- Party Age
- 49
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Paulose
- Party Age
- 53
- Relation
- S/o.
Plaintiffs Documents
Exhibit A1 is the promissory note dated 25/09/2017. Exhibit A2 is the loan agreement. Exhibit A3 is the office copy of the legal notice. Exhibit A4 is the acknowledgment cards of the defendants. Exhibit A5 is the board resolution dated 06/07/2018. Exhibit A6 is the board resolution dated 10/01/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Blesson Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.V. Eldho
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff sought to realize the loan amount plus interest from the defendants.
Evidence:
The defendants are hereby directed to pay an amount of ₹.39,430 (Rupees Thirty-Nine Thousand Four Hundred and Thirty only) to the plaintiff, along with interest at the rate of 12% per annum from the date of the suit till the date of decree, and future interest at the rate of 6% per annum from the date of decree till realization.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan agreement and the defendants' obligation to repay the loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This is the contract detailing the terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document proves that the plaintiff issued a formal demand for repayment to the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards serve as evidence of the defendants acknowledging receipt, indicating their awareness of the loan.
Reference:
Ext.A4 series
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
This document authorizes the change of the company name and the legal proceedings initiated against the defendants.
Reference:
Ext.A5
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
This resolution grants authority to the Assistant Manager to initiate legal proceedings.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Matrix Finbiz Pvt. Ltd. vs Elsy Paulose et al regarding realization of money
Case Code Year
Case between M/s. Matrix Finbiz Pvt. Ltd. vs Elsy Paulose et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt