Case Summary
Self Employers Leasing and Finance Limited filed a suit against K C Jacob and others for defaulting on a loan repayment. The plaintiff claimed that the defendants borrowed Rs. 61,000 and failed to repay the amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Rs. 1,18,935 with interest at 6% per annum from the date of suit till realisation, along with proportionate costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to repay the loan amount along with interest. The defendants were found jointly and severally liable.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction and the defendants' liability through documentary evidence.
The plaintiff successfully proved the loan transaction and the defendants' liability through documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established by cogent oral and documentary evidence that a sum of 61,000/- was advanced to the 1st defendant, with defendants 2 to 4 as sureties, under a loan agreement and demand promissory note executed on 26.03.2019.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to recover 1,18,935/- (Rupees One Lakh Eighteen Thousand Nine Hundred and Thirty-Five only) from defendants 1 to 4 jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Leasing and Finance Limited Kottayam branch
- Party Role
- Defendant
- Party Name
- K C Jacob
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sosamma Jacob
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K C Cherian
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saji P S
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Agreement, Statement of Accounts, Lawyer's Notice, Certificate of Incorporation, Board Resolution.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Somaraj S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. E S Sukumaran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Eldho Abraham Kuriakose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendants.
Evidence:
The plaintiff is entitled to recover 1,18,935/- (Rupees One Lakh Eighteen Thousand Nine Hundred and Thirty-Five only) from defendants 1 to 4 jointly and severally.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of suit till realization.
Evidence:
The defendants are directed to pay the decretal amount with interest at 6% per annum from the date of suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to proportionate costs.
Evidence:
The plaintiff is entitled to proportionate costs.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the first defendant for borrowing the loan amount.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The demand promissory note executed by the defendants agreeing to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and the defendants for the loan.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The statement of accounts showing the amount outstanding due from the defendants.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice issued to the defendants demanding payment of the outstanding amount.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The postal receipts of the notices issued to the defendants.
Reference:
Ext.A6 Series
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
The copy of the certificate of incorporation of the plaintiff company.
Reference:
Ext.A7
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
The board resolution appointing Subash C K as the authorized agent of the company.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Self Employers Leasing and Finance Limited vs K C Jacob et al regarding realisation of money.
Case Code Year
Case between Self Employers Leasing and Finance Limited vs K C Jacob et al regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt