Case Summary
The plaintiff, Self Employers Service Society, filed a suit against the defendants for the recovery of a loan amount. The defendants failed to repay the loan despite receiving a notice demanding payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay to the plaintiff the sum of 1,40,287 along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, requiring the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff was not rebutted by the defendants.
The evidence adduced by the plaintiff was not rebutted by the defendants.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was not rebutted by the defendants.
The evidence adduced 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.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 1,40,287 along with interest 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 Employers Service Society
- Party Role
- Plaintiff
- Party Name
- M V Josekutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil K K
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smitha Sunil
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sandhamol T N
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thomas K C
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Loan application for Rs. 200000, Demand promissory note for Rs. 200000, Agreement executed between the plaintiff and the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- E S Sukumaran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount from the defendants.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of institution of the suit till realization.
Evidence:
It is ordered that the defendants shall pay to the plaintiff the sum of 1,40,287 ... along with interest 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:
The plaintiff is entitled to realize costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document pertains to the loan application for ₹200,000/- submitted by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the demand promissory note executed by the defendants agreeing to repay the borrowed amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The consent letter is an agreement made by the defendants acknowledging the loan.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This is the agreement executed between the plaintiff and defendants regarding the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer printouts of the statement of account of the plaintiff in the name of the first defendant.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This true copy of the lawyer's notice was issued to the defendants demanding payment of the outstanding amount.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts of the notices issued to the defendants, serving as proof of delivery.
Reference:
Ext.A7
Document Type:
Acknowledgement Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgement cards signed by the defendants confirming receipt of the notices.
Reference:
Ext.A8
Document Type:
Bylaw of the Society
Submitted By:
Plaintiff
Relevance:
Bylaws of the plaintiff society relevant to its operations.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of the registration certificate of the plaintiff society.
Reference:
Ext.A10
Document Type:
Minutes of the Committee
Submitted By:
Plaintiff
Relevance:
True extract of the minutes of the working committee of the plaintiff society.
Reference:
Ext.A11
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter issued by the General Secretary to Subhash C.K.
Reference:
Ext.A12
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 Loan
Case Code
Case between Self Employers Service Society et al vs Sunil K K et al regarding realization of money
Case Code Year
Case between Self Employers Service Society et al vs Sunil K K et al regarding realization of money