Case Summary
The plaintiff, M/s. SREE FINANCIERS, is seeking repayment of a personal loan made to the defendant, BENCY LAL, who failed to repay the amount due as per the promissory note. The defendant did not respond to legal notices demanding repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay to the plaintiff the sum of Rs.1,81,800/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the amount due along with interest. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
There is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence the plaintiff is entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendant shall pay to the plaintiff the sum of Rs.1,81,800/- (Rupees One Lakh Eighty One Thousand and Eight Hundred Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. SREE FINANCIERS
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- BENCY LAL
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Partnership Deed, Acknowledgment of Registration of firm, Money Lending Licence KML No. 1203, Promissory Note, Office copy of registered notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Ben Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the due amount from the defendant.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the granted amount at the rate of 6% per annum.
Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs.1,81,800/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the 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:
True copy of the partnership deed establishing the plaintiff's legal entity.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
True copy of the acknowledgment for the registration of the firm.
Reference:
Ext.A2
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
True copy of money lending license indicating the plaintiff's ability to lend money.
Reference:
Ext.A3
Document Type:
Receipt for Registration Renewal
Submitted By:
Plaintiff
Relevance:
Printout of receipt for the registration renewal showing compliance with legal requirements.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant to acknowledge the debt to the plaintiff.
Reference:
Ext.A5
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application submitted by the defendant for the loan.
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Statement showing transactions related to the plaintiff's loan account.
Reference:
Ext.A7
Document Type:
Loan List Printout
Submitted By:
Plaintiff
Relevance:
Printout of the loan list related to the loan in question.
Reference:
Ext.A8
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Office copy of registered notice sent to the defendant for debt repayment.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing proof of the registered notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the registered notice by the defendant.
Reference:
Ext.A11
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Office copy of notice demanding repayment of the amount due.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of posting for the registered notice demanding repayment.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the defendant regarding receipt of the registered notice.
Reference:
Ext.A14
Document Type:
Balance List Printout
Submitted By:
Plaintiff
Relevance:
Document detailing the balance owed by the defendant.
Reference:
Ext.A15
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement detailing the repayment history of the defendant's loan.
Reference:
Ext.A16
Document Type:
Receipt for Registration Renewal
Submitted By:
Plaintiff
Relevance:
Printout of receipt confirming registration renewal for the year 2022-2023.
Reference:
Ext.A17
Document Type:
Receipt for Registration Renewal
Submitted By:
Plaintiff
Relevance:
Printout of receipt confirming registration renewal for the year 2025-2026.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. SREE FINANCIERS vs BENCY LAL regarding realization of money due
Case Code Year
Case between M/s. SREE FINANCIERS vs BENCY LAL regarding realization of money due