Case Summary
The plaintiff, Pradeesh P C, is seeking to recover Rs. 6,00,000 from the defendant, Binoy Varghese, who allegedly borrowed the money and failed to repay it. The court found that the plaintiff's evidence supported his claim, while the defendant's denial was unsupported by evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay the plaintiff a sum of 6,00,000 with interest at the rate of 6% per annum from 30.07.2020 till realization.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff. The defendant is ordered to pay the plaintiff Rs. 6,00,000 along with interest at 6% from the date of default until realization.
Why Plaintiff Won:
The plaintiff's claim stands proven on a balance of probabilities supported by the promissory note and oral evidence.
The plaintiff's claim stands proven on a balance of probabilities supported by the promissory note and oral evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1’s oral evidence, coupled with Exhibit A1, clearly supports the plaintiff’s claim that the defendant borrowed 6,00,000 on 10.05.2019 and executed the promissory note.
Judgment Evidence:
In the result: the suit is decreed as follows: 1. The defendant shall pay the plaintiff a sum of 6,00,000 (Rupees Six Lakhs only) with interest at the rate of 6% per annum from 30.07.2020 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeesh P C
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binoy Varghese
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note dated 10.05.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Akash K R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Anil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay the plaintiff a sum of 6,00,000/- with interest at the rate of 6% per annum.
Evidence:
The plaintiff has thus established that he is entitled to realise 6,00,000/- from the defendant with interest at the rate of 6% per annum from 30.07.2020 till realization.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is also entitled to costs.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Marking of the original promissory note dated 10.05.2019 in evidence.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Pradeesh P C vs Binoy Varghese regarding realisation of money.
Case Code Year
Case between Pradeesh P C vs Binoy Varghese regarding realisation of money.