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
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
Why Plaintiff Won:
The plaintiff proved the existence of a valid loan agreement and the defendants' default in repayment.
The plaintiff proved the existence of a valid loan agreement and the defendants' default in repayment.
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
Plaintiffs
M/s Thoppil Fincorp (Age not specified years)
Thoppil towers, Kthrikadavu road, Kaloor, Kochi – 682 017
T.V.Thomas (62 years)
Thoppil house, Kaloor, Kochi, Ernakulam District
Defendants
P.J.Vincent (Age not specified years)
Palliparambil house, Vennala, Palarivattam P.O, Ernakulam – 682 025
Nitha Vincent (Age not specified years)
Palliparambil house, Vennala, Palarivattam P.O, Ernakulam – 682 025
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