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O.S No. 1031/2023

Case between Secure Prime Nidhi Ltd. vs Shiju Baby, Elsamma Baby regarding recovery of money

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-03-18
Duration
approximately-4 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Secure Prime Nidhi Ltd. filed a suit against Shiju Baby and Elsamma Baby for recovery of a loan amount that was not repaid as agreed. The defendants failed to make payments despite multiple demands.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendants to pay a total of 3,34,925/- with interest for the unpaid loan. Failure to comply may result in the plaintiff recovering the amount from the defendants' assets.
Judgment Favored
Plaintiff
Relief Granted
Amount of 3,34,925/- with 9% 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 from the plaintiff adequately proved the claim.

Judgment Evidence:

In the result, The defendants are directed to pay to the plaintiff an amount of 3,34,925/- (Rupees Three Lakhs Thirty Four Thousand and Nine hundred Twenty Five Only) with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

Secure Prime Nidhi Ltd. (Age not specified years) 1st Floor, Karukapadath building, Near Changampuzha park metro station, Edapally, Ernakulam – 683 501

Defendants

Shiju Baby (40 years) Madathiprambil house, IKara Kavukuzhi road, Mallussery P.O, Kottayyam, Pin – 686 041 Elsamma Baby (66 years) Madathiprambil house, IKara Kavukuzhi road, Mallussery P.O, Kottayyam, Pin – 686 041

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants are directed to pay the outstanding loan amount with interest.
Evidence:
The defendants are directed to pay to the plaintiff an amount of 3,34,925/- (Rupees Three Lakhs Thirty Four Thousand and Nine hundred Twenty Five Only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Cost
Outcome: Granted
Description:
The plaintiff is entitled for the costs of the litigation.
Evidence:
The plaintiff is also entitled for the costs of the litigation.

Documents & Evidence

Document Type: Original loan agreement
Submitted By: Plaintiff
Relevance:
This document establishes the loan terms and the obligations of the defendants.
Reference:
Ext.A1
Document Type: Computer extract of the account statement of the defendant
Submitted By: Plaintiff
Relevance:
This document provides proof of the outstanding balance and payment history.
Reference:
Ext.A2
Document Type: Office copy of the lawyer notice issued to the 1st defendant
Submitted By: Plaintiff
Relevance:
This document shows evidence of demand for loan repayment to the 1st defendant.
Reference:
Ext.A3
Document Type: Office copy of the lawyer notice issued to the 2nd defendant
Submitted By: Plaintiff
Relevance:
This document shows evidence of demand for loan repayment to the 2nd defendant.
Reference:
Ext.A4
Document Type: Returned cover of the lawyer notice sent to the 1st defendant
Submitted By: Plaintiff
Relevance:
This document establishes that the notice was sent to the 1st defendant.
Reference:
Ext.A5
Document Type: Returned cover of the lawyer notice sent to the 2nd defendant
Submitted By: Plaintiff
Relevance:
This document establishes that the notice was sent to the 2nd defendant.
Reference:
Ext.A6
Document Type: Original promissory note
Submitted By: Plaintiff
Relevance:
This document is the promissory note executed by the defendants agreeing to repay the loan.
Reference:
Ext.A7
Document Type: Original of the security delivery letter
Submitted By: Plaintiff
Relevance:
This document provides a guarantee for the repayment of the loan.
Reference:
Ext.A8
Document Type: Certified copy of the Power of Attorney
Submitted By: Plaintiff
Relevance:
This document confirms that Jose K.O is authorized to act on behalf of the plaintiff.
Reference:
Ext.A9

Quick Facts

Location
Ernakulam
Case Filed
Fri, 09/25/2020 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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