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O.S. No. 373/2020

Case between Rajeevan T.T vs Anoop P.C regarding recovery of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-06-21
Duration
approximately-4 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted, establishing that the defendant owes the claimed amount.

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

Plaintiffs

Rajeevan T.T (Age not specified years) Thaivalappil House, Chirayom, Panayikulam, Aluva – 683 511

Defendants

Anoop P.C (41 years years) Pamamadathu Thundiyil House, Toll Gate Road, Pachalam, Vaduthala, Kochi -23

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

Quick Facts

Location
Ernakulam
Case Filed
Sun, 06/21/2020 - 12:00
Outcome Confidence
90%

Involved Entities

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