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O.S. No. 384/2024

Case between SECURE PRIME FINCORP vs Shiju.O.N et al regarding realization of money

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2024-11-30
Duration
approximately-1 year 11 days
Case Closed
Sat, 11/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to recover the overdue amount and granted adjusted interest rates. The defendants were found liable due to their failure to repay the loan as agreed.
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
The court decreed the suit in favor of the plaintiff, allowing them to recover the overdue amount and granted adjusted interest rates. The defendants were found liable due to their failure to repay the loan as agreed.
Why Plaintiff Won:
The unrebutted oral testimony and evidence presented by the plaintiff established the claim as pleaded.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence presented by the plaintiff established the claim as pleaded.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established the case as pleaded by the plaintiff.

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

Parties

Party Role
Plaintiff
Party Name
SECURE PRIME FINCORP
Party Role
Defendant
Party Name
Shiju.O.N
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Smitha Shiju
Party Age
44
Relation
W/o
Plaintiffs Documents
Partnership deed dated 23.04.2020, Original agreement dated 16.12.2022, Computer printout of account statement dated 16.12.2022, Office copy of lawyer's notice dated 10.08.2023, Original promissory note dated 16.12.2022, Original security delivery letter dated 16.12.2022.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rekha K.B.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mary Rinju T.A.
Appearance Type
Main Counsel

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

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 Shiju.O.N et al regarding realization of money
Case Code Year
Case between SECURE PRIME FINCORP vs Shiju.O.N et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 12/16/2022 - 12:00
Case Closed
Sat, 11/30/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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