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
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.
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
Plaintiffs
T.V. Thomas (62 years years)
Thoppil House, Kaloor, Kochi, Ernakulam District
Defendants
Navas A.A (Age not specified years)
7/895 A, Arappapurathu House, Panayappilly, Mattancherry, Ernakulam-682002
Sheeba Navas (Age not specified years)
7/895 A, Arappapurathu House, Panayappilly, Mattancherry, Ernakulam-682002
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