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
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.
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
Plaintiffs
Reji Mathew (54 years years)
KGM Homes, 54/3164 A, Kadavanthra P.O, Elamkulam village, Kanayannur taluk, Kochi – 682 020
Defendants
Saidu Mohammed T.B (56 years years)
Thekkalakudy house, Karukulam, Vilang P.O, Ernakulak – 683 561
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