Case Summary
The plaintiff, a company, lent money to the first defendant for purchasing equipment. The defendants defaulted on the loan repayment despite being properly notified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize an amount of Rs.6,50,375/- from the defendants jointly and severally with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the amount owed from the defendants. The court found the plaintiff's evidence compelling and unchallenged.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Plaintiff's unchallenged evidence proved 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 the plaintiff is allowed to realise an amount of Rs.6,50,375/- from the defendants jointly and severally with interest at the rate of 6% per annum from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Salim.K.H
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ansu.K.H
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hameed Rawthar
- Party Age
- 77
- Relation
- S/o
Plaintiffs Documents
A1 18.05.2022 Agreement of Hypothecation, A2 18.05.2022 Demand promissory note, A3 30.10.2023 Certified copy of the statement of Accounts, A4 14.11.2023 Copy of legal notice with original postal receipt, A5 series Acknowledgment card, A6 19.05.2025 Certified copy of Power of Attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan. D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeja. M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreelatha. M.V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mahalekshmy.P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Praveen. P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeba.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.6,50,375/- from the defendants.
Evidence:
Thus, the suit is decreed with costs and the plaintiff is allowed to realise an amount of Rs.6,50,375/- from the defendants jointly and severally with interest at the rate of 6% per annum from the date of suit till date of realisation.
Documents & Evidence
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by defendants as security for the loan.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan amount and repayment agreement.
Reference:
Ext.A2
Document Type:
Certified Copy of the Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Provides details of the outstanding loan amount.
Reference:
Ext.A3
Document Type:
Copy of legal notice with original postal receipt
Submitted By:
Plaintiff
Relevance:
Served to defendants regarding the loan default.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of notice receipt by the defendants.
Reference:
Ext.A5 series
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Empowers the plaintiff to act on behalf of the company in legal matters.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023