Case Summary
The case involves Secureprime Nidhi Ltd., a registered money lending company, against Shiju Baby and Elasamma Baby regarding the non-repayment of a loan of Rs. 2,00,000. The defendants defaulted on their loan repayments despite having the means to pay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 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 satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendants to pay an amount of 3,34,925/- ₹ (Rupees Three Lakhs Thirty-Four Thousand Nine Hundred and Twenty-Five only), with 9% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Secureprime Nidhi Ltd. (Age not specified years)
1st floor, Karukapadath building, near Changampuzha park metro station, Edapally, Ernakulam
Defendants
Shiju Baby (40 years years)
Madathil Parambil house, Ikara kavukuzhi road, Mallussery P.O, Kottayam, Pin – 686 041
Elasamma Baby (66 years years)
Madathil Parambil house, Ikara Kavuzkuzhi road, Mallussery P.O, Kottayam, Pin – 686 041
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of 3,34,925/- with 9% interest per annum from the date of suit till the date of decree.
Evidence:
The suit is decreed directing the defendants to pay an amount of 3,34,925/- (Rupees Three Lakhs Thirty-Four Thousand Nine Hundred and Twenty-Five only), with 9% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the power of attorney executed by the plaintiff company
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original loan agreement
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Computer extract of the account statement of the defendant from 25.09.20 to 25.08.23 (Subject to proof)
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the 1st defendant
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the 2nd defendant
Reference:
Ext.A5
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note
Reference:
Ext.A6
Document Type:
Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Original security delivery letter
Reference:
Ext.A7
Document Type:
Certificate under Section 65 B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Certificate under section 65 B of the Indian Evidence Act
Reference:
Ext.A8