Case Summary
The plaintiffs are M/s. Thoppil Fincorp, represented by its proprietor T.V. Thomas, who is seeking to recover a loan amount from the defendants Navas A.A and Sheeba Navas. The defendants took a loan of Rs. 75,000 but failed to repay the outstanding amount of Rs. 46,868 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to realize an amount of Rs. 46,868 from the defendants along with interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, allowing them to recover the outstanding amount of Rs. 46,868 along with interest and costs from the defendants. The defendants did not appear to contest the claims.
Why Plaintiff Won:
The unrebutted oral testimony of the plaintiff and supporting documents established the claim.
The unrebutted oral testimony of the plaintiff and supporting documents established the claim.
Losing Side's Weaknesses:
The unrebutted oral testimony of the plaintiff and supporting documents established the claim.
The unrebutted oral testimony of the plaintiff and supporting documents established the claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A5, A7 established the case as pleaded by the plaintiffs.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiffs are entitled to realize an amount of Rs.46,868/- (Rupees Forty Six thousand and Eight Hundred and Sixty Eight only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Thoppil Fincorp
- Party Role
- Plaintiff
- Party Name
- T.V. Thomas
- Party Age
- 62
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Navas A.A
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeba Navas
- Relation
- W/o
Plaintiffs Documents
Original promissory note dated 02.12.2021, Original payment voucher, Copy of Lawyer's notice dated 16.11.2022, Original returned cover from 1st defendant, Original postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.S.M. Kabeer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sheeba C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover Rs.46,868/- from the defendants.
Evidence:
The plaintiffs are entitled to realize an amount of Rs.46,868/- (Rupees Forty Six thousand and Eight Hundred and Sixty Eight only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest at 12% per annum on Rs.46,868/- from date of suit till date of decree.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.46,868/- (Rupees Forty Six thousand and Eight Hundred and Sixty Eight only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiffs are entitled to realize interest at 6% per annum on Rs.46,868/- from date of decree till date of realization.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.46,868/- (Rupees Forty Six thousand and Eight Hundred and Sixty Eight only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 02.12.2021 established the loan agreement.
Reference:
Ext.A2
Document Type:
Payment Voucher
Submitted By:
Plaintiff
Relevance:
Original payment voucher dated 02.12.2021 supported the repayment claim.
Reference:
Ext.A3
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 16.11.2022 was sent to notify the defendants of the outstanding debt.
Reference:
Ext.A4
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Original returned cover from 1st defendant indicated lack of communication.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt supported the claim of notice being sent.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. Thoppil Fincorp et al vs Navas A.A et al regarding realization of money
Case Code Year
Case between M/s. Thoppil Fincorp et al vs Navas A.A et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt