Case Summary
M/S Mulamoottil Consumer Credit Ltd filed a suit for recovery of money against the defendants Suresh C. and Sibi Samuel. The plaintiff claimed that the defendants failed to repay a loan amount despite multiple demands made for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of 1,56,695/- along with 6% interest from the date of decree till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff who is entitled to recover an amount of 1,56,695/- along with interest and costs. The defendants were found liable for failing to repay the loan amount.
Why Plaintiff Won:
The plaintiff established the case warranting the grant of relief.
The plaintiff established the case warranting the grant of relief.
Losing Side's Weaknesses:
The plaintiff established the case warranting the grant of relief.
The plaintiff established the case warranting the grant of relief.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A9 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of 1,56,695/- (Rupees One Lakh Fifty Six Thousand Six Hundred and Ninety Five only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S Mulamoottil Consumer Credit Ltd
- Party Role
- Defendant
- Party Name
- Suresh C.
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sibi Samuel
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Power of Attorney, Original Promissory Note, Original Agreement of Hypothecation, Original Revival Letter, Statement of Account, Lawyers Notice, Original Postal Receipt, Original Acknowledgment Card, Original Unserved Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Smt. Jayarekha G.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover a loan amount along with interest.
Evidence:
Hence the point is answered in the affirmative.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy supporting the authority of the representative of the plaintiff company.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original document evidencing the loan agreement between the defendants and the plaintiff.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original document outlining the terms of the hypothecation for the loan provided.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Original document indicating the revival of the loan agreement.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Original document showing the account details and amounts due from the defendants.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff's advocate demanding repayment of the loan.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original receipt evidencing the sending of the notice to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original card confirming the receipt of documents sent to the defendants.
Reference:
Ext.A8
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
Original notice that was not served to the defendants.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between M/S Mulamoottil Consumer Credit Ltd vs Suresh C. et al regarding recovery of money
Case Code Year
Case between M/S Mulamoottil Consumer Credit Ltd vs Suresh C. et al regarding recovery of money