Case Summary
M/s Sree Gokulam Chits and Finance Co. (P) Ltd. filed two suits for realization of money against the defendants Remani. P and Siva Prasad. The suits involve defaulted payments related to chits subscribed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 6,40,298 and Rs. 3,51,369 from the defendants together with interest.
Case Type
Civil Suit
Final Judgment
No
The suits were decreed in part, with the plaintiff entitled to amounts of Rs. 6,40,298 and Rs. 3,51,369 from the defendants, including interest and costs.
Why Plaintiff Won:
The plaintiff proved the case with sufficient evidence showing the defendants' default in payment.
The plaintiff proved the case with sufficient evidence showing the defendants' default in payment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A21 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suits are decreed in part as follows: The plaintiff is entitled to realise an amount of Rs. 6,40,298 together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Sree Gokulam Chits and Finance Co. (P) Ltd.
- Relation
- Rep.by its Authorised representative
- Party Role
- Defendant
- Party Name
- Remani. P
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Siva Prasad
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Exts. A1 to A21 documents produced by the plaintiffs.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. R. Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Hariprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rahesh Rajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kanakath G. Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a certain amount from the defendants.
Evidence:
In the result, the suits are decreed in part as follows: (1) The plaintiff is entitled to realise an amount of Rs. 6,40,298/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a different amount as well.
Evidence:
(2) The plaintiff is entitled to realise an amount of Rs. 3,51,369/- together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suits.
Evidence:
(3) The plaintiff is also entitled to realise the costs of the suits from the defendants.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note was executed to secure the chit transaction.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed was related to the property involved in the equitable mortgage.
Reference:
Ext.A6
Document Type:
Certificate for remitting land tax
Submitted By:
Plaintiff
Relevance:
It supports the plaintiff's claim regarding the mortgaged property.
Reference:
Ext.A7
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
It indicates the plaintiff's ongoing legal interest in the property.
Reference:
Ext.A8
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
It corroborates the details of the mortgaged property.
Reference:
Ext.A9
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
It shows the absence of other claims on the mortgaged property.
Reference:
Ext.A10
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
It serves as evidence of the obligation to pay in connection with the chit.
Reference:
Ext.A12
Document Type:
Letter of Acknowledgment
Submitted By:
Plaintiff
Relevance:
It confirms acknowledgment of the demand for payment.
Reference:
Ext.A13
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
It is part of the legal communication regarding payment demands.
Reference:
Ext.A14
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
It serves as proof of dispatch for the lawyer's notice.
Reference:
Ext.A15
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
It provides acknowledgment of receipt of the lawyer's notice.
Reference:
Ext.A16
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
It reflects the financial transactions related to one of the chits.
Reference:
Ext.A20
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
It provides evidence of the financial transactions regarding the other chit.
Reference:
Ext.A21
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between M/s Sree Gokulam Chits and Finance Co. (P) Ltd. vs Remani. P et al regarding realization of money.
Case Code Year
Case between M/s Sree Gokulam Chits and Finance Co. (P) Ltd. vs Remani. P et al regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act