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
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
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.
Why Plaintiff Won:
The unchallenged proof affidavit and documents from the plaintiff adequately proved the claim.
The unchallenged proof affidavit and documents from the plaintiff adequately proved the claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents from the plaintiff adequately proved the claim.
The unchallenged proof affidavit and documents from the plaintiff adequately proved the claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint 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
Parties
- Party Role
- Plaintiff
- Party Name
- Secure Prime Nidhi Ltd.
- Relation
- represented by its Authorised signatory and Power of Attorney holder Jose K.O
- Party Role
- Defendant
- Party Name
- Shiju Baby
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elsamma Baby
- Party Age
- 66
- Relation
- W/o late M.M.Baby
Plaintiffs Documents
Original loan agreement, Computer extract of the account statement of the defendant, Office copy of the lawyer notice issued to the 1st defendant, Office copy of the lawyer notice issued to the 2nd defendant, Returned cover of the lawyer notice sent to the 1st defendant, Returned cover of the lawyer notice sent to the 2nd defendant, Original promissory note, Original of the security delivery letter, Certified copy of the Power of attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rekha K.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smitha E Mohan
- Appearance Type
- Assisting Counsel
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
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 Nidhi Ltd. vs Shiju Baby, Elsamma Baby regarding recovery of money
Case Code Year
Case between Secure Prime Nidhi Ltd. vs Shiju Baby, Elsamma Baby regarding recovery of money