Case Summary
The plaintiff society sued the defendants for recovery of a loan amount of ₹1,44,526 with interest. The defendants contended that the amount was a charitable contribution and not a loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover ₹1,44,526 from defendants jointly and severally and interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the recovery of the loan amount along with interest. The defendants' claims of a charitable contribution were rejected.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that the defendants had availed the loan and defaulted on repayment.
The plaintiff provided sufficient evidence that the defendants had availed the loan and defaulted on repayment.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that the defendants had availed the loan and defaulted on repayment.
The plaintiff provided sufficient evidence that the defendants had availed the loan and defaulted on repayment.
Supporting Evidence
The plaintiff discharged this burden by producing contemporaneous documents Exts.A1–A4, the statement of account Ext.A5, the cheque details, and the oral testimony of PW1.
Judgment Evidence:
In the result: The suit is decreed as follows, 1. Plaintiff is entitled to recover ₹1,44,526 from defendants 1 to 4 jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society Reg. No K 705/97
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Biju Chacko
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Albin Joseph
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Naveen K Joseph
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amithu Reji
- Party Age
- 26
- Relation
- D/o
Plaintiffs Documents
Loan application, demand promissory note, consent letter, agreement, statement of accounts.
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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh Kesavanath P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the stated amount along with interest.
Evidence:
The plaintiff has succeeded in proving that the defendants jointly and severally availed the loan, executed the loan documents, received the cheque amount, and defaulted repayment.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest on the plaint amount.
Evidence:
The plaintiff is entitled to interest at 6% per annum on the plaint amount from the date of suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
For all these reasons, the suit deserves to be decreed.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application was submitted by the 1st defendant for a loan amount.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed by the defendants detailing their obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The consent letter signed by the defendants in conjunction with the loan.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and the defendants regarding the loan.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The account statement showing the transactions and outstanding amounts due from the defendants.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The notice issued to the defendants regarding the debt collection.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts for notices sent to the defendants.
Reference:
Ext.A7 series
Document Type:
Acknowledgement Cards
Submitted By:
Plaintiff
Relevance:
Cards signed by defendant no 2 and 4 acknowledging receipt of notices.
Reference:
Ext.A8 series
Document Type:
Returned Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The notice that was returned undelivered to defendant no. 3.
Reference:
Ext.A9
Document Type:
Bylaw of the Society
Submitted By:
Plaintiff
Relevance:
The governing rules under which the plaintiff society operates.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The official registration certificate of the plaintiff society.
Reference:
Ext.A11
Document Type:
Extract of minutes
Submitted By:
Plaintiff
Relevance:
Document providing the minutes of the working committee meeting.
Reference:
Ext.A12
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
Letter authorizing a member to represent the society in court.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Self Employers Service Society Reg. No K 705/97 vs Biju Chacko et al regarding recovery of loan amount with interest.
Case Code Year
Case between Self Employers Service Society Reg. No K 705/97 vs Biju Chacko et al regarding recovery of loan amount with interest.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt