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
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.
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.
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