Case Summary
The plaintiff, Self Employers Service Society, filed a suit against the defendants for the recovery of a loan amount due. The defendants defaulted on the loan, and were set ex-parte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is permitted to realise from defendants 1 to 4, jointly and severally, a sum of 1,00,705/- together with interest at 6% per annum from the date of suit till realisation, and with costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court accepted the plaintiff's claim in full, awarding them the due amount along with reasonable interest. The defendants were found to have defaulted on their repayment obligations.
Why Plaintiff Won:
The claim is supported by the documents produced by the plaintiff which were not challenged by the defendants.
The claim is supported by the documents produced by the plaintiff which were not challenged by the defendants.
Losing Side's Weaknesses:
The claim is supported by the documents produced by the plaintiff which were not challenged by the defendants.
The claim is supported by the documents produced by the plaintiff which were not challenged by the defendants.
Supporting Evidence
The evidence of PW1 goes wholly unchallenged. I find no reason to disbelieve the testimony of PW1 or the documents produced.
Judgment Evidence:
In the result, the suit is liable to be decreed. The suit is decreed ex-parte as follows: The plaintiff is permitted to realise from defendants 1 to 4, jointly and severally, a sum of 1,00,705/- together with interest at 6% per annum from the date of suit till realisation, and with costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Defendant
- Party Name
- Ali A K
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajan Mathew
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sherly Jacob
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rafeena Ali
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Loan application, Demand Promissory Note, Consent Letter, Loan Agreement, statement of account, lawyer's notice, postal receipts, acknowledgment cards, Bye Law of the plaintiff society, Registration Certificate.
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:
Plaintiff is permitted to recover the amount of 1,00,705/- from the defendants.
Evidence:
The suit is decreed ex-parte as follows: The plaintiff is permitted to realise from defendants 1 to 4, jointly and severally, a sum of 1,00,705/- (Rupees One Lakh Seven Hundred and Five only) together with interest at 6% per annum from the date of suit till realisation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the loan application for the amount of 1,00,000/-.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Demonstrates the promissory note executed by the defendants for the loan.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Shows the defendants' consent regarding the loan agreement.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Confirms the agreement between the plaintiff and defendants regarding the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides the outstanding balance of 93,923/- as on 30-06-2023.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Indicates the demand notice issued to the defendants for recovery.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of the postal receipts for notices issued to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Evidence of acknowledgment from defendants 2, 3, and 4.
Reference:
Ext.A8
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff society.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proves the registration of the plaintiff society.
Reference:
Ext.A10
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Shows the working committee's meeting minutes.
Reference:
Ext.A11
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorizes Mr. Subhash C K to represent the plaintiff.
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
Recovery of money
Case Code
Case between Self Employers Service Society vs Ali A K et al regarding realisation of money due from loan transaction.
Case Code Year
Case between Self Employers Service Society vs Ali A K et al regarding realisation of money due from loan transaction.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt