Case Summary
Rajeevan T.T, a driver with KSRTC, filed a suit against his friend Anoop P.C for recovery of a loan amount. Anoop defaulted on loan repayments, prompting Rajeevan to seek legal recourse to recover the amount paid on Anoop's behalf.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of ₹1,30,000/- to the plaintiff with interest at the rate of 7.5% per annum from 31.05.2017.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay a sum of Rs.1,30,000/- along with interest. If the defendant fails to comply, the plaintiff is entitled to recover the amount from the defendant's assets.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted, establishing that the defendant owes the claimed amount.
The evidence presented by the plaintiff was unrebutted, establishing that the defendant owes the claimed amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrebutted, establishing that the defendant owes the claimed amount.
The evidence presented by the plaintiff was unrebutted, establishing that the defendant owes the claimed amount.
Supporting Evidence
There is no reason on record to disbelieve the evidence tendered by PW1. From the unrebutted testimony of PW1, it is clear that the defendant owes an amount of Rs.1,30,000/- to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant shall pay an amount of ₹1,30,000/-...III. Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to realise the costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeevan T.T
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anoop P.C
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Account Statement issued by Assistant Transport Officer, K.S.R.T.C, Aluva, Certificate issued by the Shanmukhapuram Co-operative Bank Ltd., Certificate of remittance issued by the Shanmukhapuram Co-operative Bank Ltd., Ledger extract issued by Shanmukhapuram Co-operative Bank Ltd.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Liffy P. Francis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athira Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeevan Karukuttiyullathil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Joseph Thomas N.F
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was awarded Rs.1,30,000/- along with interest to be paid by the defendant.
Evidence:
In such circumstances, the plaint is to be allowed. I am of the opinion that fixing the rate of interest to be levied upon the principal amount of Rs.1,30,000/- at the rate of 7.5% per annum from 31.05.2017 will be sufficient in the interest of justice.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document was used to substantiate the plaintiff's claim regarding the amounts recovered from his salary.
Reference:
Ext.A1
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate was part of the evidence supporting the financial transactions related to the loan.
Reference:
Ext.A2
Document Type:
Certificate of remittance
Submitted By:
Plaintiff
Relevance:
This document served to illustrate the payments related to the loan.
Reference:
Ext.A3
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
This extract was used to detail the financial dealings associated with the loan.
Reference:
Ext.A4
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 Rajeevan T.T vs Anoop P.C regarding recovery of money
Case Code Year
Case between Rajeevan T.T vs Anoop P.C regarding recovery of money