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
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay ₹3,65,156 with interest at 6% per annum. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stood proved through uncontested evidence.
The case of the plaintiff stood proved through uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stood proved through uncontested evidence.
The case of the plaintiff stood proved through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved.
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
Parties
- Party Role
- Plaintiff
- Party Name
- SECURE PRIME FINCORP
- Party Role
- Defendant
- Party Name
- Nithin Cleetus
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cici Cleetus
- Party Age
- 73
- Relation
- W/o
Plaintiffs Documents
Notarised copy of Partnership Deed, Agreement for business loan, Computer print out ledger report, True copy of Legal Notice, Promissory Note.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rekha K.B
- Appearance Type
- Main Counsel
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
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 SECURE PRIME FINCORP vs Nithin Cleetus et al regarding realisation of money
Case Code Year
Case between SECURE PRIME FINCORP vs Nithin Cleetus et al regarding realisation of money