Case Summary
Reji Mathew filed a suit against Saidu Mohammed T.B for failing to repay a loan of Rs. 7,00,000/- taken on 30.09.2022. Despite being served summons, the defendant did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 4,88,396/- with 18% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendant to pay Rs. 4,88,396/- with 18% interest per annum from the date of suit till the date of decree. The plaintiff is also entitled to recover the amount from the defendant's assets and to the costs of litigation.
Why Plaintiff Won:
The unchallenged proof affidavit and documents sufficiently proved the plaint claim.
The unchallenged proof affidavit and documents sufficiently proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents sufficiently proved the plaint claim.
The unchallenged proof affidavit and documents sufficiently proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendants to pay an amount of ₹4,88,396/- (Rupees Four Lakh Eighty-Eight Thousand Three Hundred and Ninety-Six only), with 18% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reji Mathew
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saidu Mohammed T.B
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Original of the Power of Attorney, Promissory note along with cheque bearing no.251645 for an amount of Rs. 7 lakhs (SBI), Certified copy of the ledger account of the loan account, Money lending License no. 32070662188, Statement of account, Lawyer notice issued to the defendants, Original Acknowledgment card signed by the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ratheesh M.B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash Philip
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandra K Sanjay
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Elsa Jacob
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was awarded a decree to recover the amount due.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹4,88,396/- (Rupees Four Lakh Eighty-Eight Thousand Three Hundred and Ninety-Six only), with 18% interest per annum from the date of suit till the date of decree.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
The plaintiff is entitled to post decretal interest on the recovered amount.
Evidence:
In default, the plaintiff is entitled to recover the decree amount from the defendant and from his assets with post decretal interest @ 11% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is granted costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original of the Power of Attorney demonstrating the authority of the representative to act on behalf of the plaintiff.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note along with cheque bearing no. 251645 for an amount of Rs. 7 lakhs, evidencing the loan transaction.
Reference:
Ext.A2
Document Type:
Certified copy of the ledger account
Submitted By:
Plaintiff
Relevance:
Certified copy of the ledger account of the loan account proving the amount due.
Reference:
Ext.A3
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
Money lending license issued by the Commercial Taxes Department, supporting the plaintiff's ability to lend money.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account issued by the Federal Bank detailing the loan transactions.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the defendant demanding payment of the outstanding amount.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card signed by the defendant indicating receipt of the notice.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Reji Mathew vs Saidu Mohammed T.B regarding suit for money
Case Code Year
Case between Reji Mathew vs Saidu Mohammed T.B regarding suit for money