Case Summary
The plaintiff, Prasad Kumar Nair, filed a suit against the defendant, Shajna Basheer, for recovery of a loan amount of ₹2,33,000/- which the defendant failed to repay. The defendant, who was an employee at the plaintiff's institution, borrowed the money and did not comply with repayment despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹2,33,000/- with 6% interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the recovery of ₹2,33,000/- with 6% interest. The plaintiff is also entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The evidence showed that the defendant received the loan amount and failed to repay it, establishing the plaintiff's claim.
The evidence showed that the defendant received the loan amount and failed to repay it, establishing the plaintiff's claim.
Losing Side's Weaknesses:
The evidence showed that the defendant received the loan amount and failed to repay it, establishing the plaintiff's claim.
The evidence showed that the defendant received the loan amount and failed to repay it, establishing the plaintiff's claim.
Supporting Evidence
The plaintiff provided adequate evidence that the defendant received a sum of ₹2,33,000/- which has not been repaid.
Judgment Evidence:
In the result; the suit is decreed as follows (a)The plaintiff is entitled to recover an amount of 2,33,000/- (Rupees Two Lakh Thirty-Three Thousand only) with 6% interest from the date of filing of the suit till the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasad Kumar Nair
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajna Basheer
- Party Age
- 38
- Relation
- D/o
Plaintiffs Documents
Account ledger summary of the IMAT Entrance Coaching Centre, Copy of the Advocate notice, Certified copy of Settlement deed No. 601/1987.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vellayani V.P. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Aravind Shankar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the loan amount with interest.
Evidence:
The Court finds that the plaintiff is entitled to a decree for recovery of ₹2,33,000/- (Rupees Two Lakh Thirty-Three Thousand only) from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant.
Documents & Evidence
Document Type:
Account ledger summary
Submitted By:
Plaintiff
Relevance:
Document reflects transactions related to the plaintiff's coaching center account.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding repayment of the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of the advocate notice by the defendant.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Collateral security provided by the defendant for the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
Document shows the account transactions related to the cheque issued.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt