Case Summary
This is a suit for realization of money by M/s. SREE FINANCIERS against MONCY N R for an amount of ₹ 46,700/- with interest. The plaintiff claims that the defendant defaulted on a promissory note executed for a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of ₹ 46,700/- from the defendant with interest at 6% per annum on ₹ 30,000/- from 03-11-2022 till realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed the suit, allowing the plaintiff to recover ₹ 46,700/- with interest.
Why Plaintiff Won:
The plaintiff proved execution of the promissory note and that the defendant defaulted in repayment.
The plaintiff proved execution of the promissory note and that the defendant defaulted in repayment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court finds that the defendant’s denial is unsubstantiated and that the plaintiff has proved execution of the promissory note, disbursement of the amount, and default in repayment.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff is entitled to realize a sum of ₹ 46,700/- from the defendant with interest at 6% per annum on ₹ 30,000/- from 03-11-2022 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. SREE FINANCIERS
- Party Role
- Defendant
- Party Name
- MONCY N R
- Party Age
- 43
Plaintiffs Documents
True Copy of Partnership Deed, True Copy Acknowledgment of Registration of firm, True Copy of money Lending Licence KML No. 1203, printout Receipt for registration Renewal e-payment for renewal of money Lending License No. 32050441664, Promissory Note for Rs. 30,000/- executed by the defendant, Application for Loan, Bank Statement from 29.04.2019 to 17.05.2019 of the plaintiff firm’s Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Ben Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh Kesavanath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover a sum of ₹46,700 with interest.
Evidence:
The Court therefore finds that the plaintiff has proved execution of the promissory note, disbursement of the amount, and default in repayment.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Established the partnership registration and authority of the plaintiff.
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Confirmed the registration of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
Demonstrated the plaintiff's licensing to lend money.
Reference:
Ext.A3
Document Type:
Receipt for Registration renewal e-payment
Submitted By:
Plaintiff
Relevance:
Showed continuous renewal of the plaintiff's money lending license.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Key document evidencing the loan agreement with the defendant.
Reference:
Ext.A5
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Provided context for the loan requested by the defendant.
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Showed the transfer of the loan amount to the defendant's account.
Reference:
Ext.A7
Document Type:
Loan List Printout
Submitted By:
Plaintiff
Relevance:
Helped verify the loans given by the plaintiff.
Reference:
Ext.A8
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Showed the attempts made by the plaintiff to recover the loan.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence for the Registered Notice sent.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmed delivery of the Registered Notice.
Reference:
Ext.A11
Document Type:
Balance List Printout
Submitted By:
Plaintiff
Relevance:
Detailed the defendant's loan balance.
Reference:
Ext.A12
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Summarized all transactions related to the defendant's loan.
Reference:
Ext.A13
Document Type:
Receipt for Registration Renewal E Payment
Submitted By:
Plaintiff
Relevance:
Indicated renewal of money lending license.
Reference:
Ext.A14
Document Type:
Receipt for Registration Renewal E Payment
Submitted By:
Plaintiff
Relevance:
Latest renewal of money lending license.
Reference:
Ext.A15
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 MONCY N R regarding realisation of money
Case Code Year
Case between M/s. SREE FINANCIERS vs MONCY N R regarding realisation of money