Case Summary
The plaintiff, M/s. Max India Integrated Foundation, sanctioned a loan to the first defendant for business purposes under the guarantee of the second defendant. The defendants breached the agreement by failing to repay the loan despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay an amount of Rs. 1,40,891/- to the plaintiff with interest at the rate of 17% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay an amount of Rs. 1,40,891/- along with interest. The plaintiff's evidence proved its case effectively.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case and entitled it to a decree.
The plaintiff's unchallenged evidence proved its case and entitled it to a decree.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case and entitled it to a decree.
The plaintiff's unchallenged evidence proved its case and entitled it to a decree.
Supporting Evidence
Plaintiff's unchallenged evidence prove its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendants shall pay an amount of Rs. 1,40,891/- (Rupees One lakh Forty thousand Eight hundred and Ninety One only) to the plaintiff jointly and severally with interest at the rate of 17% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Max India Integrated Foundation
- Party Role
- Defendant
- Party Name
- Sabu.S.S
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu .S.S
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original Promissory Notice dated 13.01.2023, Agreement with application form dated 12.01.2023, Certified copy of statement of accounts, Copy of lawyer’s notice dated 21.07.2023, Copy of notarized power of attorney dated 29.01.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Madhukumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Molamma Manuel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajan .S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Varun Prathap. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anjali. P.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested to recover an amount of Rs. 1,40,891/- from the defendants.
Evidence:
Thus, the suit is decreed with costs and defendants shall pay an amount of Rs. 1,40,891/- (Rupees One lakh Forty thousand Eight hundred and Ninety One only) to the plaintiff jointly and severally with interest at the rate of 17% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory notice executed by the 1st defendant agreeing to repay the loan amount.
Reference:
Ext.A1
Document Type:
Agreement with Application Form
Submitted By:
Plaintiff
Relevance:
Agreement related to the loan sanctioned to the 1st defendant.
Reference:
Ext.A2
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Certified copy of statement of accounts reflecting the loan details.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice sent by the plaintiff's lawyer for non-repayment of the loan.
Reference:
Ext.A4
Document Type:
Notarized Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of power of attorney authorizing the representative of the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between M/s. Max India Integrated Foundation vs Sabu.S.S et al regarding realization of money
Case Code Year
Case between M/s. Max India Integrated Foundation vs Sabu.S.S et al regarding realization of money