Case Summary
The case involves M/s Thoppil Fincorp claiming repayment of a loan amount against P.J.Vincent and his wife Nitha Vincent. The plaintiff asserts that the defendants defaulted on loan repayments despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs. 1,34,662/- along with interest at the rate of 18% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay a total of Rs. 1,34,662/- along with interest at the rate of 18% per annum from the date of the suit.
Why Plaintiff Won:
Plaintiff proved the existence of the loan and the execution of a promissory note by the defendants.
Plaintiff proved the existence of the loan and the execution of a promissory note by the defendants.
Losing Side's Weaknesses:
Plaintiff proved the existence of the loan and the execution of a promissory note by the defendants.
Plaintiff proved the existence of the loan and the execution of a promissory note by the defendants.
Supporting Evidence
The plaintiff has proved to the satisfaction of this court, his entitlement for realisation of the amount claimed.
Judgment Evidence:
In the result, the suit is decreed as follows, Defendants shall pay the plaintiff Rupees Rs. 1,34,662/- along with interest at the rate of 18% per annum from the date of the suit until the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Thoppil Fincorp
- Party Role
- Plaintiff
- Party Name
- T.V.Thomas
- Party Age
- 62
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- P.J.Vincent
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nitha Vincent
- Relation
- W/o
Plaintiffs Documents
Copy of the sale deed no. 5471/01/05, copy of the tax receipt, copy of the promissory note for an amount of Rs.1,09,487/- executed by the defendants, original agreement, copy of the lawyer notice issued to the defendants, returned cover of the 2nd defendant, account statement from 17.09.19 to 16.10.19.
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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bijumon E.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Malavika Mary Thomas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay the plaintiff Rupees Rs. 1,34,662/- along with interest.
Evidence:
In the result, the suit is decreed as follows, 1) Defendants shall pay the plaintiff Rupees Rs. 1,34,662/- along with interest at the rate of 18% per annum from the date of the suit till the date of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff shall also be entitled for the costs of the suit.
Evidence:
I find no reason to deviate from the normal rule that costs should follow the event. Therefore, the issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of the sale deed executed in favour of the 1st defendant.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Copy of the promissory note for an amount of Rs.1,09,487/- executed by the defendants.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the defendants.
Reference:
Ext.A5
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Returned cover of the 2nd defendant.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of the plaintiff from 17.09.19 to 16.10.19 issued by SBI, Kathrikadavu Branch.
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 vs P.J.Vincent et al regarding realisation of money
Case Code Year
Case between M/s Thoppil Fincorp vs P.J.Vincent et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt