Case Summary
M/s SREE VINAYAGA FINANCIERS is suing the legal heirs of Pradeep P C for repayment of a loan amount of Rs.1,00,000/- borrowed on a promissory note. The original borrower passed away without repaying the loan, prompting the plaintiff to seek relief from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of Rs.1,21,000/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to repay Rs.1,21,000/- with interest. The court found that the plaintiff provided sufficient evidence to establish the claim.
Why Plaintiff Won:
The evidence adduced by the plaintiff was not rebutted.
The evidence adduced by the plaintiff was not rebutted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of Rs.1,21,000/- (Rupees One Lakh Twenty One Thousand 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 VINAYAGA FINANCIERS
- Party Role
- Defendant
- Party Name
- RAGINI PRADEEP
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- PRADEESH PRADEEP
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PRANAV PRADEEP
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
The true copy of the Partnership Deed, The true copy of Deed of Reconstitution of partnership, The true copy of deed of Reconstitution of partnership, The true copy of money lending license No. 320504824778, The true copy of Renewed money lending license No. 32050482478, The application for loan, The promissory note for Rs. 100000/-, The bank statement from 01.09.2023 to 30.10.2023 of the Plaintiff firm’s Account No. 1505135000000658 maintained with M/s Karur Vysya Bank, Kottayam Branch, The voucher, The true copy of the relevant page No. 5 in DPN ledger 2023-24 for loan No. DPN 290, The true copy of the Relevant page No. 7 in cash Book 2023-24 for loan No. DPN 290, The true copy of the Relevant page No. 7 in ledger 2023-24 for loan No. DPN 290, The written Acknowledgment by Pradeesh Pradeep, The Office copy of the registered notice, The postal receipts (3 Nos.), The returned notices as unclaimed (3 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Ben Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum of Rs.1,21,000/- with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
The true copy of the Partnership Deed establishes the basis of the plaintiff's legal status to file the suit.
Reference:
Ext.A1
Document Type:
Deed of Reconstitution of Partnership
Submitted By:
Plaintiff
Relevance:
The true copy of Deed of Reconstitution of partnership supports the continuity and validity of the plaintiff’s business operations.
Reference:
Ext.A2
Document Type:
Deed of Reconstitution of Partnership
Submitted By:
Plaintiff
Relevance:
The true copy of deed of Reconstitution of partnership indicates the updated partnership structure relevant to the case.
Reference:
Ext.A3
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
The true copy of money lending license No. 320504824778 is essential to prove the plaintiff's legal authority to lend money.
Reference:
Ext.A4
Document Type:
Renewed money lending license
Submitted By:
Plaintiff
Relevance:
The true copy of Renewed money lending license No. 32050482478 confirms the plaintiff's current legal standing as a money lender.
Reference:
Ext.A5
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
The application for loan documents the initial agreement for the loan taken by the deceased.
Reference:
Ext.A6
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note for Rs. 100000/- is the primary evidence of the debt owed by the deceased.
Reference:
Ext.A7
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
The bank statement from 01.09.2023 to 30.10.2023 of the Plaintiff firm’s Account verifies financial transactions relevant to the suit.
Reference:
Ext.A8
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
The voucher serves as a receipt for the transaction confirming the loan amount.
Reference:
Ext.A9
Document Type:
DPN Ledger
Submitted By:
Plaintiff
Relevance:
The true copy of the relevant page No. 5 in DPN ledger 2023-24 for loan No. DPN 290 corroborates the loan details.
Reference:
Ext.A10
Document Type:
Cash Book
Submitted By:
Plaintiff
Relevance:
The true copy of the Relevant page No. 7 in cash Book 2023-24 for loan No. DPN 290 details the financial records of the loan.
Reference:
Ext.A11
Document Type:
Ledger
Submitted By:
Plaintiff
Relevance:
The true copy of the Relevant page No. 7 in ledger 2023-24 for loan No. DPN 290 provides logistical documentation of the loan.
Reference:
Ext.A12
Document Type:
Written Acknowledgment
Submitted By:
Plaintiff
Relevance:
The written Acknowledgment by Pradeesh Pradeep confirms the acceptance of debt responsibility by the defendants.
Reference:
Ext.A13
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
The Office copy of the registered notice shows the legal demand for repayment sent to the defendants.
Reference:
Ext.A14
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The postal receipts (3 Nos.) serve as proof of sending the registered notice.
Reference:
Ext.A15
Document Type:
Returned Notices
Submitted By:
Plaintiff
Relevance:
The returned notices as unclaimed (3 Nos.) indicate the defendants' avoidance of communication.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between M/s SREE VINAYAGA FINANCIERS vs RAGINI PRADEEP et al regarding realization of money.
Case Code Year
Case between M/s SREE VINAYAGA FINANCIERS vs RAGINI PRADEEP et al regarding realization of money.