Case Summary
The plaintiff, M/s. Matrix Finbiz Pvt. Ltd, is seeking the recovery of a loan amount from the defendants. The defendants defaulted on the loan repayments despite being served with legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 1,55,000/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendants to pay the outstanding loan amount along with interest. A total amount of Rs. 1,55,000/- is to be paid by the defendants.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and adequately demonstrated the defendants' liability.
The evidence presented by the plaintiff was unchallenged and adequately demonstrated the defendants' liability.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and adequately demonstrated the defendants' liability.
The evidence presented by the plaintiff was unchallenged and adequately demonstrated the defendants' liability.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 to A7, in the absence of any contra evidence, proves the case of the plaintiff, that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 1,55,000/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Matrix Finbiz Pvt. Ltd
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Nishad M.M.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Najeeba Nishad
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ibrahamkutty M.M.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Demand promissory note dated 06/12/2017, Loan agreement dated 06/12/2017, Office copy of lawyer notice dated 06/12/2018, Acknowledgment cards (3 Nos), Resolution dated 06.07.2018, Resolution dated 10.01.2023, Copy of the certificate of registration.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Blesson Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.V. Eldho
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the outstanding loan amount from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 1,55,000/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan agreement and the amount due from the defendants.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
It outlines the terms of the loan availed by the defendants, including repayment details.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants calling upon them to repay the loan amount.
Reference:
Ext.A3
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards were used to verify receipt of communications related to the loan.
Reference:
Ext.A4
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
This resolution authorized the manager to institute the suit.
Reference:
Ext.A5
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
This document reflects a subsequent resolution taken by the plaintiff company.
Reference:
Ext.A6
Document Type:
Copy of Certificate of Registration
Submitted By:
Plaintiff
Relevance:
It serves to substantiate the corporate status of the plaintiff company.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between M/s. Matrix Finbiz Pvt. Ltd vs Nishad M.M., Najeeba Nishad, Ibrahamkutty M.M. regarding realization of money.
Case Code Year
Case between M/s. Matrix Finbiz Pvt. Ltd vs Nishad M.M., Najeeba Nishad, Ibrahamkutty M.M. regarding realization of money.