Case Summary
The plaintiff, Self Employers Leasing and Finance Limited, filed a suit against the defendants for the recovery of loan amount due. The defendants denied the loan transaction and claimed that the documents were fabricated.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise from the defendants a sum of 1,64,705/- with interest at 6% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, allowing them to recover the principal amount along with reduced interest. The claims of the defendants regarding fabrication were not substantiated.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction through documentary evidence and oral testimony.
The plaintiff successfully proved the loan transaction through documentary evidence and oral testimony.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has produced documentary evidence and oral testimony of PW1. The defendants have not adduced any oral or documentary evidence in support of their allegations.
Judgment Evidence:
In the result, the suit is decreed in part as follows: The plaintiff is entitled to realise from the defendants 1 to 4 jointly and severally a sum of 1,64,705/- (Rupees One Lakh Sixty-Four Thousand Seven Hundred and Five only) with interest at 6% per annum from the date of suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Leasing and Finance Limited
- Party Role
- Defendant
- Party Name
- Rahul Krishnan
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun G
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anuraj G
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Radhakrishnan Nair
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Loan application submitted by the 1st defendant, Demand Promissory Note for Rs. 100000/- executed by the defendants, agreement executed between the plaintiff and the defendants, statement of Accounts of the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George V Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise from the defendants the balance amount due.
Evidence:
The plaintiff is therefore entitled to realise from the defendants the balance amount of 1,64,705/- together with interest at the rate of 6% per annum from the date of suit till realisation, along with the costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the 1st defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The Demand Promissory Note for Rs. 100000/- executed by the defendants.
Reference:
Ext.A2
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and the defendants.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The Computer printout of the statement of Accounts of the plaintiff in the name of the 1st defendant as on 31.07.2022.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The true copy of Lawyers Notice issued to the defendants.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The Postal Receipts (4 Nos.) related to the notice.
Reference:
Ext.A6 Series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
The Acknowledgment Cards signed by the defendants (4 Nos.).
Reference:
Ext.A7 Series
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
The Certificate of incorporation of the plaintiff Company.
Reference:
Ext.A8
Document Type:
Board Resolution
Submitted By:
Plaintiff
Relevance:
The photocopy of the resolution of the plaintiff Company appointing Subash C K.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Self Employers Leasing and Finance Limited vs Rahul Krishnan et al regarding realisation of money
Case Code Year
Case between Self Employers Leasing and Finance Limited vs Rahul Krishnan et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt