Case Summary
The plaintiff, a registered money lending firm, claims that the defendant borrowed Rs. 2,00,000 and executed a promissory note. The lawsuit seeks recovery of the outstanding amount plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree for Rs. 1,87,100 with interest at 6% per annum from the date of default until realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a decree for Rs. 1,87,100 along with interest at 6% per annum until realization.
Why Plaintiff Won:
The plaintiff successfully proved the execution of the promissory note, consideration, and the outstanding amount due.
The plaintiff successfully proved the execution of the promissory note, consideration, and the outstanding amount due.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1’s evidence, supported by Exhibits A5 to A8, clearly establishes due execution and consideration. The defendant’s bald denial without any counter-proof or expert evidence cannot displace the presumption under Section 118(a) of the Negotiable Instruments Act, 1881.
Judgment Evidence:
In the result; In view of the foregoing reasons and findings on issues, the Court passes the following decree: 1. Decree in favour of the plaintiff and against the defendant for a sum of 1,87,100/- (Rupees One Lakh Eighty-Seven Thousand One Hundred only).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sree Financiers
- Party Role
- Defendant
- Party Name
- Thomas Ulahannan
- Party Age
- 44
- Relation
- S/o Antony Ulahannan
Plaintiffs Documents
Partnership Deed, Registration Certificate, Money Lending Licence, Loan Application, Promissory Note, Bank Statement, Demand Notice, Acknowledgment Card, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Ben Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish Kumar K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Roy Thomas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Realization of a sum of 1,87,100/- from the defendant
Evidence:
In the result; In view of the foregoing reasons and findings on issues, the Court passes the following decree: 1. Decree in favour of the plaintiff and against the defendant for a sum of 1,87,100/- (Rupees One Lakh Eighty-Seven Thousand One Hundred only).
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from 15-02-2021 until realization
Evidence:
The decretal sum shall carry interest at the rate of 6% per annum from 15-02-2021 (date of default / date stated in the plaint) until realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be paid by the defendant
Evidence:
The defendant shall also pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Proves the legal status of the plaintiff firm
Reference:
Ext.A1
Document Type:
Acknowledgment of Registration of Firm
Submitted By:
Plaintiff
Relevance:
Confirms the registration of the plaintiff firm
Reference:
Ext.A2
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's authority to lend money
Reference:
Ext.A3
Document Type:
Renewal Receipt for Money Lending License
Submitted By:
Plaintiff
Relevance:
Shows the renewal status of the plaintiff's license
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the loan agreement with the defendant
Reference:
Ext.A5
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document supporting the loan disbursement
Reference:
Ext.A6
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Proves the transfer of the loan amount to the defendant
Reference:
Ext.A7
Document Type:
Loan List
Submitted By:
Plaintiff
Relevance:
Details the loan disbursement history
Reference:
Ext.A8
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Serves as formal communication of repayment demand
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the registered notice
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves the receipt of the registered notice
Reference:
Ext.A11
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Details outstanding balance and payments made
Reference:
Ext.A13
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Identifies the defendant
Reference:
Ext.A14
Document Type:
Bank Passbook
Submitted By:
Plaintiff
Relevance:
Evidence supporting the defendant's bank transactions
Reference:
Ext.A15
Document Type:
Cancelled Cheque
Submitted By:
Plaintiff
Relevance:
Evidence of the transactions related to the loan
Reference:
Ext.A16
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms the defendant's identity and payment capabilities
Reference:
Ext.A17
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Evidence related to the defendant's property
Reference:
Ext.A18
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 Thomas Ulahannan regarding realization of money
Case Code Year
Case between M/s Sree Financiers vs Thomas Ulahannan regarding realization of money