Case Summary
The plaintiff, SECUREPRIME FINCORP, is seeking the recovery of a loan amount from the defendants, Venugopalan. K.N and Viji, who failed to repay their loan obligations. The case involves issues of loan agreements, repayment defaults, and related legal proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.1,58,381/- with interest from the 2nd defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize an amount of Rs.1,58,381/- from the 2nd defendant, along with interest and costs. The first defendant's case was dismissed as abated due to lack of prosecution.
Why Plaintiff Won:
The plaintiff provided sufficient evidence regarding the loan agreement and the defaults in repayment by the defendants.
The plaintiff provided sufficient evidence regarding the loan agreement and the defaults in repayment by the defendants.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence regarding the loan agreement and the defaults in repayment by the defendants.
The plaintiff provided sufficient evidence regarding the loan agreement and the defaults in repayment by the defendants.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1. The plaintiff is entitled to realize an amount of Rs.1,58,381/- from the 2nd defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SECUREPRIME FINCORP
- Party Role
- Defendant
- Party Name
- Venugopalan. K.N
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viji
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Original partnership deed dated 24.01.2024, Original agreement dated 22.02.2021, Printout of account statement, Original promissory note dated 22.02.2021, Original Security Delivery Letter dated 22.02.2021
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:
The plaintiff is entitled to realize the outstanding loan amount from the 2nd defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.1,58,381/- (Rupees One Lakh Fifty Eight Thousand Three Hundred and Eighty One only) from the 2nd defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest on the amount due from the date of the suit until the date of the decree.
Evidence:
The plaintiff is entitled to realize interest @ 12 % per annum for Rs.1,58,381/- (Rupees One Lakh Fifty Eight Thousand Three Hundred and Eighty One only) from the date of suit till date decree from the 2nd defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest on the amount due from the date of the decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.1,58,381/- (Rupees One Lakh Fifty Eight Thousand Three Hundred and Eighty One only) from date of decree till date of realization from the 2nd defendant and from her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the 2nd defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the 2nd defendant and from her assets.
Documents & Evidence
Document Type:
Original partnership deed
Submitted By:
Plaintiff
Relevance:
Marked in evidence to establish the plaintiff's standing as a purported creditor.
Reference:
Ext.A1
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Formulated the basis for the loan transaction between the plaintiff and the defendants.
Reference:
Ext.A2
Document Type:
Account statement printout
Submitted By:
Plaintiff
Relevance:
Provided evidence of the defendants' payment history and outstanding dues.
Reference:
Ext.A3
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Demonstrated the defendants' commitment to repay the loan amount.
Reference:
Ext.A4
Document Type:
Original Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Served as collateral to secure the loan extended to the defendants.
Reference:
Ext.A5
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 SECUREPRIME FINCORP vs Venugopalan. K.N et al regarding realization of money.
Case Code Year
Case between SECUREPRIME FINCORP vs Venugopalan. K.N et al regarding realization of money.