Case Summary
M/S. Mulamoottil Consumer Credits Limited filed a suit against Vijitha V.N and others for the realization of a loan amount. The defendants failed to repay the loan despite repeated requests, leading to legal action being taken.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹97,351 with interest at the rate of 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount from the defendants along with interest and costs.
Why Plaintiff Won:
The evidence on record established the defendants' liability to repay the loan amount.
The evidence on record established the defendants' liability to repay the loan amount.
Losing Side's Weaknesses:
The evidence on record established the defendants' liability to repay the loan amount.
The evidence on record established the defendants' liability to repay the loan amount.
Supporting Evidence
The documents produced by the plaintiff clearly demonstrate that defendants 1 to 3 have the liability to pay the said amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹97,351 with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants 1 to 3 and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S. Mulamoottil Consumer Credits Limited
- Party Role
- Defendant
- Party Name
- Vijitha V.N
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Valsala
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudheesh. B
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Original Demand Promissory Note, Original Agreement of Hypothecation, Statement of account, Copy of the lawyer’s notice, Postal receipts, Acknowledgment cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanna Kumar Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.N. Renjini
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹97,351 with interest.
Evidence:
The suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹97,351 from the defendants 1 to 3 and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendants.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendants 1 to 3 and their assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by defendants 1 to 3 as security for the loan amount.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Signed by defendants 1 to 3 for the loan amount.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified statement detailing the repayment history and outstanding amount.
Reference:
Ext.A3
Document Type:
Copy of the lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice issued to defendants regarding outstanding payment.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of mailing the lawyer's notice to the defendants.
Reference:
Ext.A5 series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgments from defendants confirming receipt of notices.
Reference:
Ext.A6 series
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
OS.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt