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O.S No. 100/2022

Case between Self Employers Service Society vs Biju A N et al regarding realization of money

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-01-31
Duration
approximately-3 years 10 months
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Self Employers Service Society, sanctioned a loan to the 1st defendant, who defaulted on repayment. The plaintiff filed a suit to recover the outstanding loan amount from the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed with the defendants ordered to pay the plaintiff a total amount of ₹45,364 with interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹45,364 with interest at the rate of 6% per annum from the date of institution of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with the defendants ordered to pay the plaintiff a total amount of ₹45,364 with interest and costs.
Why Plaintiff Won:
The plaintiff successfully established the case with evidence of the loan agreement and defaults by the defendants.
Losing Side's Weaknesses:
The plaintiff successfully established the case with evidence of the loan agreement and defaults 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 to pay to the plaintiff the sum of ₹45,364 with interest thereon 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
Defendant
Party Name
Biju A N
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Madhu K S
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Joshy S
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Rajesh K S
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Shiby
Party Age
42
Relation
W/o
Plaintiffs Documents
Loan application, Demand promissory Note, Consent letter, Agreement, Statement of accounts, Copy of Lawyers notice, Postal receipt, Returned lawyers notice, Bye law of Self Employers service society, Copy of registration certificate, Copy of letter, True Extract of the meeting, Authorization letter.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv.Benny Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adv. James Mathen K.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to recover outstanding loan amount.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Document establishing the approval of loan on the specified date.
Reference:
Ext.A1
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Document outlining the agreement to repay loan with interest.
Reference:
Ext.A2
Document Type: Consent letter
Submitted By: Plaintiff
Relevance:
Document indicating consent of defendants regarding loan.
Reference:
Ext.A3
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Document confirming the terms of the loan agreement.
Reference:
Ext.A4
Document Type: Computer print out of the Statement of accounts
Submitted By: Plaintiff
Relevance:
Document detailing the financial transactions related to the loan.
Reference:
Ext.A5
Document Type: Copy of Lawyers Notice
Submitted By: Plaintiff
Relevance:
Document evidencing the demand for repayment sent to defendants.
Reference:
Ext.A6
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Document confirming the dispatch of the lawyer's notice.
Reference:
Ext.A7
Document Type: AD card
Submitted By: Plaintiff
Relevance:
Document related to the return of the lawyer's notice.
Reference:
Ext.A8
Document Type: Returned lawyers notice
Submitted By: Plaintiff
Relevance:
Document evidencing the non-delivery of the lawyer's notice.
Reference:
Ext.A9
Document Type: Bye law of Self Employers Service Society
Submitted By: Plaintiff
Relevance:
Document showing the governing rules of the plaintiff's society.
Reference:
Ext.A10
Document Type: Copy of registration certificate
Submitted By: Plaintiff
Relevance:
Document proving the registration of the plaintiff society.
Reference:
Ext.A11
Document Type: Copy of Letter
Submitted By: Plaintiff
Relevance:
Document relating to communication between parties.
Reference:
Ext.A12
Document Type: True extract of the meeting
Submitted By: Plaintiff
Relevance:
Document providing details of a relevant meeting.
Reference:
Ext.A13
Document Type: Authorization letter
Submitted By: Plaintiff
Relevance:
Document granting authority to the representative from the plaintiff's side.
Reference:
Ext.A14

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 Service Society vs Biju A N et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs Biju A N et al regarding realization of money

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Mon, 01/31/2022 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Sun, 01/05/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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