Case Summary
Secureprime Nidhi Ltd. filed a suit against Smitha Shiju and Shiju O N for recovery of a loan amount of Rs.5,72,774/- with interest. The defendants defaulted after taking a loan of Rs.5,00,000/- and failed to repay despite demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants shall pay Rs.5,72,774/- along with interest. The defendants are also personally liable for the decree debt.
Why Plaintiff Won:
The plaintiff established a case for recovery of the loan amount and applicable interest.
The plaintiff established a case for recovery of the loan amount and applicable interest.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the loan amount and applicable interest.
The plaintiff established a case for recovery of the loan amount and applicable interest.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.5,72,774/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,72,774/- along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Secureprime Nidhi Ltd.
- Party Role
- Defendant
- Party Name
- Smitha Shiju
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shiju O N
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Original agreement dated 08.11.2022, Computer extract of account statement, Office copy of Lawyer notice dated 10.08.2023 sent to defendants, Original promissory note, Original Security Delivery Letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rekha K B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the amount due from defendants along with interest.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.5,72,774/- along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Certified copy of Power of Attorney executed on behalf of the plaintiff company
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the plaintiff's representative in the suit.
Reference:
Ext.A1
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Details the loan agreement between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Computer extract of account statement
Submitted By:
Plaintiff
Relevance:
Provides evidence of the loan account and payment history.
Reference:
Ext.A3
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Evidence of the legal demand for repayment sent to the 1st defendant.
Reference:
Ext.A4
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Evidence of the legal demand for repayment sent to the 2nd defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the 1st defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the 2nd defendant.
Reference:
Ext.A7
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Documents the promissory obligation of the defendants to repay the loan.
Reference:
Ext.A8
Document Type:
Original Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Guarantees the repayment of the loan by the defendants as a continuing obligation.
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 Secureprime Nidhi Ltd. vs Smitha Shiju et al regarding recovery of loan amount
Case Code Year
Case between Secureprime Nidhi Ltd. vs Smitha Shiju et al regarding recovery of loan amount