Case Summary
The plaintiff, M/s Srambickal Finance, is a money lending business that loaned Rs.5,00,000 to the defendants. The defendants defaulted on payments, leading the plaintiff to file a suit for recovery.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by M/s Srambickal Finance for recovering the loan amount was dismissed by the court.
Key Reasoning:
The plaintiff failed to establish the case due to lack of evidence on payment defaults.
The plaintiff failed to establish the case due to lack of evidence on payment defaults.
Why Defendant Won:
The plaintiff failed to establish the case due to lack of evidence on payment defaults.
The plaintiff failed to establish the case due to lack of evidence on payment defaults.
Supporting Evidence
The plaintiff has not established its case. As the plaintiff has not furnished the details regarding the payment of the defendants even after 30.04.2022, the relief claimed by the plaintiff could not be allowed.
Judgment Evidence:
In the result, The suit is dismissed. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Srambickal Finance
- Relation
- represented by its Proprietor Biju John
- Party Role
- Defendant
- Party Name
- Muhammed Ajiladh
- Party Age
- 28
- Relation
- S/o Jabbar
- Party Role
- Defendant
- Party Name
- Jabbar
- Party Age
- 53
- Relation
- S/o Hameed Makkarkutty
Plaintiffs Documents
Certified copy of Power of Attorney, Copy of Money Lending Licence no. 32050466774, Demand Promissory Note, Statement of Account, Legal Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Pass Book of Srambickal Finance
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ganga Prasad S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Stephen Chazhikattu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover money due from the defendants.
Evidence:
The plaintiff has not established its case. As the plaintiff has not furnished the details regarding the payment of the defendants even after 30.04.2022, the relief claimed by the plaintiff could not be allowed.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the power of attorney produced by the plaintiff authorizing PW1 to give evidence before the court.
Reference:
Ext.A1
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the license produced by the plaintiff to prove that plaintiff has got a license to conduct business of money lending.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the promissory note alleged to be executed by the defendants on 21.10.2020.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the copy of the ledger account of Muhammed Ajiladh maintained by the plaintiff.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is the legal notice sent by the plaintiff to the defendants.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A6 is the postal receipt evidencing the sending of the legal notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Exhibit A7 is the acknowledgment card for the legal notice.
Reference:
Ext.A7
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Exhibit B1 is the passbook of Srambickal Finance.
Reference:
Ext.B1
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Exhibit B2 is another passbook of Srambickal Finance.
Reference:
Ext.B2
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Exhibit B3 is a further passbook of Srambickal Finance.
Reference:
Ext.B3
Document Type:
Account Statement
Submitted By:
Unknown
Relevance:
Exhibit X1 is an account statement covering the period from 01.10.2020 to 31.10.2020.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Srambickal Finance vs Muhammed Ajiladh et al regarding realisation of money
Case Code Year
Case between M/s Srambickal Finance vs Muhammed Ajiladh et al regarding realisation of money