Case Summary
The plaintiff, SECURE PRIME FINCORP, is a money lending concern that claims the defendants, Nithin Cleetus and Cici Cleetus, failed to repay a loan amounting to ₹3,65,156. The case was heard in the absence of the defendants who did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹3,65,156 with interest at 6% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stood proved through uncontested evidence.
The case of the plaintiff stood proved through uncontested evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiff, an amount of 3,65,156/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation.
Parties Involved
Plaintiffs
Jose K. O (42 years)
Kannanthara House, Manjummel P.O, Eloor, Ernakulam, 683 501
Defendants
Nithin Cleetus (37 years)
Kannankeril House, Azhikkakam, Kumbalanghi P.O., Ernakulam. Pin- 682 007
Cici Cleetus (73 years)
Kannankeril House, Azhikkakam, Kumbalanghi P.O., Ernakulam. Pin- 682 007
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the amount due from the defendants.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendants, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Notarised copy of Partnership Deed
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A1
Document Type:
Agreement for business loan
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement.
Reference:
Ext.A2
Document Type:
Computer print out ledger report
Submitted By:
Plaintiff
Relevance:
Provided evidence of transactions.
Reference:
Ext.A3
Document Type:
Certification Under Section 65 B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Validated the electronic documentation presented.
Reference:
Ext.A3(a)
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
Served to the defendants regarding the loan.
Reference:
Ext.A4
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
Second notice served to the defendants.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledged receipt of the legal notice.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledged receipt of another notice.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Documented evidence of the loan.
Reference:
Ext.A8
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Related to loan security.
Reference:
Ext.A9