Case Summary
The plaintiff is a money lending company that claims the defendants failed to repay a loan. The defendants are said to owe a total of ₹386,251 to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The first defendant is directed to pay ₹386,251 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stands proved.
The case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The first defendant is directed to pay to the plaintiff, an amount of 3,86,251/- (Rupees three lakhs eighty six thousand two hundred and fifty one only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the first defendant or from assets of first defendant.
Parties Involved
Plaintiffs
Jose K.O (42 years)
Kannanthara House, Manjummel P.O, Eloor Ernakulam, 683 501
Defendants
Sijo Varghese (49 years)
Puthuva House, Pazhanganad, Kizhakkambalam P.O, Ernakulam, Pin – 683 562
Suma Biju (40 years)
Valiyaveettil House, Edathala North P.O, Aluva, Ernakulam, Pin – 683 561
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The first defendant is directed to pay the plaintiff an amount due with interest.
Evidence:
The first defendant is directed to pay to the plaintiff, an amount of 3,86,251/- (Rupees three lakhs eighty six thousand two hundred and fifty one only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the first defendant or from assets of first defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the first defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the first defendant.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Certified copy was submitted to prove the partnership of the plaintiff.
Reference:
Ext.A1
Document Type:
Agreement for personal loan
Submitted By:
Plaintiff
Relevance:
This agreement was provided to establish the loan relationship between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Account Statement with Certificate
Submitted By:
Plaintiff
Relevance:
Marked subject to proof to further substantiate the claims of repayment.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
True copy used to evidence prior notifications regarding the loan.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Another true copy of a legal notice mentioned for the same purpose.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided to demonstrate the sending of legal notices.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Used to confirm receipt of legal communication.
Reference:
Ext.A7
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was submitted to support the claim of loan existence.
Reference:
Ext.A8
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Marked to affirm the secured nature of the loan.
Reference:
Ext.A9