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
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.
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
Plaintiffs
Secureprime Nidhi Ltd. (Age not specified years)
1st Floor, Karukapadath Building, Near Changapuzha Park Metro Station, Edappally, Ernakulam
Defendants
Smitha Shiju (41 years years)
Ottappalakudy House, Muvattupuzha, Mulavoor P O, Ernakulam, Pincode - 686 673
Shiju O N (46 years years)
Ottappalakudy House, Muvattupuzha, Mulavoor P O, Ernakulam, Pincode - 686 673
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