Case Summary
The plaintiff, Self Employer’ s Service Society, filed a suit against the defendants for recovery of money related to a loan sanctioned to the first defendant. The defendants defaulted on the repayment, leading to the plaintiff seeking legal relief.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay the sum of 1,08,912/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was not rebutted by the defendants.
The evidence presented by the plaintiff was not rebutted by the defendants.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not rebutted by the defendants.
The evidence presented by the plaintiff was not rebutted by the defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff. Hence the plaintiff is entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 1,08,912/- (Rupees one lakh eight thousand nine hundred and twelve only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employer’ s Service Society
- Party Role
- Defendant
- Party Name
- Noufal C P
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheer P H
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shanifa T K
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammad Midlaj M P
- Party Age
- 22
- Relation
- S/o
Plaintiffs Documents
True extract of the minutes of the meeting, Authorization Letters, Loan Application, Demand Promissory Note, Agreement, Acknowledgment Cards, Computer print out of original data of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu J Varappally
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hyma Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jack Augustine
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the plaintiff the outstanding loan amount.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 1,08,912/- (Rupees one lakh eight thousand nine hundred and twelve only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Presented to establish the loan agreement and actions of the society.
Reference:
Ext.A1
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Indicates authorization related to the actions taken by the plaintiff.
Reference:
Ext.A2
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Used to reinforce the plaintiff's claims regarding the loan.
Reference:
Ext.A3
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Clarifies the authority of the representatives in court.
Reference:
Ext.A4
Document Type:
Bye law of the society
Submitted By:
Plaintiff
Relevance:
Provides the foundational rules governing the society's operations.
Reference:
Ext.A5
Document Type:
Photocopy of the registration certificate
Submitted By:
Plaintiff
Relevance:
Validates the existence and legality of the plaintiff society.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Relevant correspondence supporting the plaintiff's claims.
Reference:
Ext.A7
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the terms under which the loan was granted.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as the formal agreement for loan repayment.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms agreed upon for the loan.
Reference:
Ext.A10
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Reveals consent related to loan processing or terms.
Reference:
Ext.A11
Document Type:
Copy of the lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Evidence of formal demand for payment from the defendants.
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the notice sent to the defendants.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the document by the opposing party.
Reference:
Ext.A14
Document Type:
Returned Registered cover with AD
Submitted By:
Plaintiff
Relevance:
Indicates failed delivery attempts to the defendants.
Reference:
Ext.A15
Document Type:
Computer print out of original data of accounts
Submitted By:
Plaintiff
Relevance:
Displays the financial records related to the loan.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Self Employer’ s Service Society vs Noufal C P et al regarding Suit for realization of money.
Case Code Year
Case between Self Employer’ s Service Society vs Noufal C P et al regarding Suit for realization of money.