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O.S No. 120/2023

Case between M/s Thoppil Fincorp vs P.J.Vincent et al regarding realisation of money

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-01-31
Duration
approximately-1 year 5 months
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, M/s Thoppil Fincorp, claims that the defendant, P.J.Vincent, failed to repay loans taken for various purposes, along with interest. The plaintiff seeks to recover the outstanding amount of Rs. 1,34,662/-.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendants to pay Rs. 1,34,662/- along with interest and costs. The defendants' claims against the validity of the loans were not substantiated.
Judgment Favored
Plaintiff
Relief Granted
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.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay Rs. 1,34,662/- along with interest and costs. The defendants' claims against the validity of the loans were not substantiated.
Why Plaintiff Won:
The plaintiff proved the existence of a valid loan agreement and the defendants' default in repayment.
Losing Side's Weaknesses:
The plaintiff proved the existence of a valid loan agreement and the defendants' default in repayment.
Supporting Evidence
The plaintiff contends that after repeated demands the 1st defendant came to the plaintiff's company at Ernakulam on 05.10.2021 and executed the promissory note for an amount of 1,09,487/- in favour of the plaintiffs and agreed to repay the amount on demand with interest @ 18% per annum.

Judgment 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.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Thoppil Fincorp
Relation
Represented by
Party Role
Plaintiff
Party Name
T.V.Thomas
Party Age
62
Relation
S/o
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 sale deed no. 5471/01/05, Copy of the promissory note for an amount of Rs.1,09,487/-
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:
Plaintiff sought recovery of 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 sought costs of the suit.
Evidence:
Therefore, the issue as to costs is found in favour of the plaintiff.

Documents & Evidence

Document Type: Copy of the sale deed
Submitted By: Plaintiff
Relevance:
This document serves as proof of the 1st defendant's ownership which is relevant to the loan agreements.
Reference:
Ext.A1
Document Type: Copy of the tax receipt
Submitted By: Plaintiff
Relevance:
This document supports the identification and verification of the 1st defendant's property.
Reference:
Ext.A2
Document Type: Copy of the promissory note
Submitted By: Plaintiff
Relevance:
This document is the basis for the plaintiff's claim of the outstanding loan amount.
Reference:
Ext.A3
Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
This document outlines the terms under which the loan was granted.
Reference:
Ext.A4
Document Type: Copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
This document serves to demonstrate that the defendants were notified about the outstanding amount.
Reference:
Ext.A5
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
This document indicates the failure of delivery to the second defendant, supporting the claim of notice.
Reference:
Ext.A6
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This document provides a summary of the financial transactions related to the loan accounts.
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
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/31/2023 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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