Case Summary
The plaintiff is Self Employers Leasing and Finance Limited, a company that provided a loan to the 1st defendant, Shajimon E B, for business purposes. The defendants defaulted on the repayment of the loan, prompting the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are to pay to the plaintiff the sum of 1,56,346₹ with 6% interest per annum from the date of institution of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to repay the amount due along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the defendants' default in payment.
The plaintiff provided sufficient evidence of the loan agreement and the defendants' default in payment.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the defendants' default in payment.
The plaintiff provided sufficient evidence of the loan agreement and the defendants' default in payment.
Supporting Evidence
The evidence of PW1 sufficiently shows that he has direct knowledge about the transaction. Nothing brought out in cross-examination to disbelieve his testimony. Hence it could be held that the plaintiff has successfully proved the case set up by them.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is ordered that the defendants no.1, 2, 3 and 4 to pay to the plaintiff the sum of 1,56,346₹ with interest thereon at the rate of 6% per annum for the principal amount of 1,00,000₹ from the date of institution of the suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Leasing and Finance Limited
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Shajimon E B
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sinimol M M
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dileep E J
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shemina Dileep
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Agreement, Computer print out of account statement, Copy of Lawyers notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- James Mathen K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rayin K R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount along with interest.
Evidence:
It is ordered that the defendants no.1, 2, 3 and 4 to pay to the plaintiff the sum of 1,56,346₹ /- (Rupees One Lakh Fifty Six Thousand Three Hundred and Forty Six only) with interest thereon.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants no.1 to 4.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
It is the application for the loan sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendants to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
It is the agreement executed by the defendants regarding the loan indemnity.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance of the loan amount.
Reference:
Ext.A4
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the sending of the lawyer's notice to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards indicate acceptance of the lawyer's notice by the defendants.
Reference:
Ext.A7 series
Document Type:
Resolution Minutes
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiff's authorization to the witness.
Reference:
Ext.A10
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 Shajimon E B et al regarding realisation of money
Case Code Year
Case between Self Employers Leasing and Finance Limited vs Shajimon E B et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt