Case Summary
This suit involves M/s Sree Financiers, a registered firm, and Ajimon V S, the defendant. The plaintiff claims that the defendant failed to repay a personal loan of ₹2,00,000 taken on 13.11.2017 despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹3,80,000 to the plaintiff with interest.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay ₹3,80,000 along with interest at 6% per annum from the date the suit was filed until realization.
Why Plaintiff Won:
The plaintiff established the existence of the loan and the defendant's failure to repay.
The plaintiff established the existence of the loan and the defendant's failure to repay.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff could establish that there was a transaction between the plaintiff and the defendant had availed of loan for ₹2 lakh and promised to repay the same with interest @18% per annum.
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 ₹3,80,000 (Rupees Three Lakh and Eighty Thousand only) with interest thereon at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sree Financiers
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Ajimon V S
- Party Age
- 54
Plaintiffs Documents
True copy of partnership Deed, True copy of acknowledgment of Registration of firm, True copy of money lending License KML no. 1203, Promissory Note.
Defendants Documents
Copy of reply notice.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jacob Ben Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. G R Panicker
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's claim to recover ₹3,80,000 from the defendant.
Evidence:
The plaintiff is entitled to recover costs from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendant executed a promissory note agreeing to repay the loan amount with interest.
Reference:
Ext.A5
Document Type:
Loan List
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan amount advanced to the defendant.
Reference:
Ext.A6
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
A notice was issued to the defendant demanding repayment of the loan amount.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the issuance of the registered notice.
Reference:
Ext.A8
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card showing that the defendant received the notice.
Reference:
Ext.A9
Document Type:
Balance List
Submitted By:
Plaintiff
Relevance:
Document showing the current balance amount owed by the defendant.
Reference:
Ext.A10
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement reflecting transactions related to the defendant's loan.
Reference:
Ext.A11
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Office copy of a notice.
Reference:
Ext.A14
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Defendant's reply to the plaintiff's demand notice.
Reference:
Ext.B1
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Receipt related to the registered reply notice.
Reference:
Ext.B2
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Card showing receipt of the reply notice by the plaintiff.
Reference:
Ext.B3
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 Sree Financiers vs Ajimon V S regarding realisation of money.
Case Code Year
Case between M/s Sree Financiers vs Ajimon V S regarding realisation of money.