Case Summary
Nandakumar B Menon is the plaintiff who lent Rs. 1,00,000 to defendants Surabhi Jayan and her daughter Abhirami Jayan for educational needs, but they failed to repay. The plaintiff subsequently filed this suit for recovery of the lent amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 1,33,000 along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff Rs. 1,33,000 along with interest. The defendants are also personally liable for this amount.
Why Plaintiff Won:
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
The plaintiff established a case based on the defendants' failure to repay the borrowed amount, supported by unchallenged evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,33,000/- with interest 12% per annum from the date of suit till the date of decree.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.1,33,000/- (Rupees One lakh thirty three thousand only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nandakumar B Menon
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surabhi Jayan @ Surabhi K P
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abhirami Jayan
- Relation
- D/o
Plaintiffs Documents
Print out of the facebook messenger communication, account statement showing the transfer, legal notices sent.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anand S A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,33,000/- from the defendants along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.1,33,000/- (Rupees One lakh thirty three thousand only) along with interest @12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Facebook Messenger Communication
Submitted By:
Plaintiff
Relevance:
This document contains the communications between the plaintiff and the 1st defendant regarding the loan request.
Reference:
Ext.A1 to A1(e)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is a copy of the account statement showing the transfer of Rs.1,00,000/- to the account of the 2nd defendant Abhirami Jayan.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the copy of the notice issued to the 2nd defendant regarding the loan repayment.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the true copy of the legal notice dated 09.02.2024 sent to the 1st defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt associated with the legal notice sent.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply notice issued by the 1st defendant denying the loan transaction.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is the statement of account of the plaintiff with Bank of Bahrain and Kuwait.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document is the statement of account of the 2nd defendant with State Bank of India.
Reference:
Ext.A8
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 Nandakumar B Menon vs Surabhi Jayan @ Surabhi K P et al regarding Suit for realization of money.
Case Code Year
Case between Nandakumar B Menon vs Surabhi Jayan @ Surabhi K P et al regarding Suit for realization of money.