Case Summary
M/s Sivasakthi Finance, a registered money lending firm, filed a suit against Reshma Jose and others for the recovery of a loan amount due to them. The defendant defaulted on the payment of a personal loan, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 1,49,300 with interest at 6% per annum from the date of decree until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the plaintiff Rs. 1,49,300 plus interest. The defendants failed to present any defense.
Why Plaintiff Won:
The evidence provided by the plaintiff was unrefuted and established the case for recovery of the loan amount.
The evidence provided by the plaintiff was unrefuted and established the case for recovery of the loan amount.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.It is ordered that the defendant to pay to the plaintiff the sum of 1,49,300/- (Rupees One lakh forty nine thousand three hundred only) with interest thereon at the rate of 6% per annum for the principal amount of 1,00,000/- (Rupees one lakh only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sivasakthi Finance
- Relation
- represented by its Managing Partner
- Party Role
- Defendant
- Party Name
- Reshma Jose
- Party Age
- 34
- Relation
- D/o Jose Mathew
- Party Role
- Defendant
- Party Name
- Seethamol P M
- Relation
- W/o Jibin Jose
- Party Role
- Defendant
- Party Name
- Jibin Jose
- Relation
- S/o Jose Mathew
Plaintiffs Documents
True copy of Partnership Deed, True copy of Deed of Reconstitution of Partnership, True copy of money lending license, The Application of Loan, The Promissory Note, The Guarantor Agreement, True copy of cheque.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Ben Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendant to pay the sum of Rs. 1,49,300/- to the plaintiff.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 1,49,300/- (Rupees One lakh forty nine thousand three hundred only) with interest thereon at the rate of 6% per annum for the principal amount of 1,00,000/- (Rupees one lakh only) from the date of decree till its realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document was marked to establish the partnership of the plaintiff.
Reference:
Ext.A1
Document Type:
Deed of Reconstitution of Partnership
Submitted By:
Plaintiff
Relevance:
This document was marked to establish the changes in the partnership structure.
Reference:
Ext.A2
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
This document was marked to validate the plaintiff's status as a money lender.
Reference:
Ext.A3
Document Type:
Receipt for Registration renewal e-payment
Submitted By:
Plaintiff
Relevance:
This document supports the legitimacy of the plaintiff's registration.
Reference:
Ext.A4
Document Type:
Application of loan
Submitted By:
Plaintiff
Relevance:
This document outlines the details of the loan applied by the defendant.
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is crucial as it indicates the obligation of the defendant to repay the loan.
Reference:
Ext.A6
Document Type:
Guarantor Agreement
Submitted By:
Plaintiff
Relevance:
This document provides assurance regarding the loan repayment obligations.
Reference:
Ext.A7
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document shows the transactions related to the loan account.
Reference:
Ext.A8
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
This document was marked to support transactions related to the loan.
Reference:
Ext.A9
Document Type:
Relevant page in Loan Book
Submitted By:
Plaintiff
Relevance:
This document is used to establish the loan records.
Reference:
Ext.A10
Document Type:
Relevant page in Cash Book
Submitted By:
Plaintiff
Relevance:
This document records cash transactions relevant to the case.
Reference:
Ext.A11
Document Type:
Relevant page in Ledger
Submitted By:
Plaintiff
Relevance:
This document is used to track financial activities concerning the loan.
Reference:
Ext.A12
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate communication regarding the payment due.
Reference:
Ext.A13
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of notice sent to the defendant.
Reference:
Ext.A14
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document further establishes evidence of communication with the defendant.
Reference:
Ext.A15
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document is used to verify delivery of the notice.
Reference:
Ext.A16
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the notice sent.
Reference:
Ext.A17
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This document is critical as it represents the payment attempt for the loan.
Reference:
Ext.A18
Document Type:
Copy of Acknowledgment Letter
Submitted By:
Plaintiff
Relevance:
This document verifies that the loan-related documents were received by the defendant.
Reference:
Ext.A19
Document Type:
Copy of Return memo
Submitted By:
Plaintiff
Relevance:
This document explains the dishonor of the cheque presented for payment.
Reference:
Ext.A20
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows account transactions to support the claim.
Reference:
Ext.A21
Document Type:
Receipt for Registration renewal e-payment
Submitted By:
Plaintiff
Relevance:
This document establishes the legitimacy of the plaintiff's business operations.
Reference:
Ext.A22
Document Type:
Print out of Kerala Money Lender Licence
Submitted By:
Plaintiff
Relevance:
This document reaffirmed the plaintiff's credentials as a licensed money lender.
Reference:
Ext.A23
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between M/s Sivasakthi Finance vs Reshma Jose et al regarding Suit for realisation of money due
Case Code Year
Case between M/s Sivasakthi Finance vs Reshma Jose et al regarding Suit for realisation of money due
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour