Case Summary
The case involves SECURE PRIME FINCORP, a money-lending company, suing its borrowers, Shiju.O.N and Smitha Shiju, for failing to repay a term loan. The plaintiff claims the defendants defaulted on their loan agreement, leading to substantial overdue repayments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.6,06,062/- with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony and evidence presented by the plaintiff established the claim as pleaded.
The unrebutted oral testimony and evidence presented by the plaintiff established the claim as pleaded.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.6,06,062/- (Rupees six lakhs six thousand and sixty two only) from the defendants and from their assets.
Parties Involved
Plaintiffs
Jose K. O (42 years)
1st Floor, Karukapadath Building. Near Changapuzha Park Metro Station, Edappally, Ernakulam, 683501
Defendants
Shiju.O.N (48 years)
Ottappalakudy House, Muvattupuzha, Mulavoor P.O. Ernakulam
Smitha Shiju (44 years)
Ottappalakudy House, Muvattupuzha, Mulavoor P.O, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.6,06,062/- from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.6,06,062/- (Rupees six lakhs six thousand and sixty two only) from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.6,06,062/- from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.6,06,062/- (Rupees six lakhs six thousand and sixty two only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.6,06,062/- from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.6,06,062/- (Rupees six lakhs six thousand and sixty two only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of the partnership deed was marked, subsequently accepted as original.
Reference:
Ext.A1
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Computer printout of account statement dated 16.12.2022 was accepted.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 10.08.2023 sent to defendant No.1.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice sent to defendant No.2.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card of defendant No.1.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card of defendant No.2.
Reference:
Ext.A7
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 16.12.2022 accepted in evidence.
Reference:
Ext.A8
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original security delivery letter dated 16.12.2022 accepted in evidence.
Reference:
Ext.A9