Case Summary
The plaintiff society is seeking repayment of a loan given to the first defendant, who defaulted on repayment. The defendants claim that the plaintiff is not authorized to lend money and deny the transaction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹2,04,392/- with interest at the rate of 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a specified sum with interest.
Why Plaintiff Won:
The plaintiff proved the transaction and entitlement to recover the loan amount due.
The plaintiff proved the transaction and entitlement to recover the loan amount due.
Losing Side's Weaknesses:
The plaintiff proved the transaction and entitlement to recover the loan amount due.
The plaintiff proved the transaction and entitlement to recover the loan amount due.
Supporting Evidence
The plaintiff could establish that there was transaction between the plaintiff and the defendants and an amount of ₹2,04,392/- was due to the plaintiff.
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 ₹2,04,392/- (Rupees two lakh four thousand three hundred and ninety two only) with interest thereon at the rate of 6% per annum for the principal amount of Rs.2,00,000/- (Rupees two lakh only) 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
- Mr. M.V. Josekutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dixon K B
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shema Ann Cherian
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Reji Joseph
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheela K. Ipe
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 28.08.2018, Demand promissory note executed by the defendants, Consent Letter, Agreement executed between the plaintiff and 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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vivek Mathew Varkey
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount along with interest.
Evidence:
The suit is decreed as follows: It is ordered that the defendants no.1, 2, 3 and 4 to pay to the plaintiff the sum of ₹2,04,392/- (Rupees two lakh four thousand three hundred and ninety two only) with interest thereon at the rate of 6% per annum.
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:
The document is the application form from the first defendant for the loan.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendants executed this demand promissory note agreeing to repay the loan amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
This letter was signed by the first defendant, confirming their agreement to the loan terms.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement between the plaintiff and the defendants regarding the loan terms.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This shows the outstanding loan balance due from the first defendant.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts correspond to the lawyer's notice sent to the defendants.
Reference:
Ext.A7 series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards acknowledge the receipt of the notices by the defendants.
Reference:
Ext.A8 series
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
This document outlines the purpose and regulations of the plaintiff society.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This is the copy of the registration certificate for the plaintiff society.
Reference:
Ext.A10
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
This extract of minutes pertains to the plaintiff society's working committee meeting.
Reference:
Ext.A11
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This letter authorizes Mr. Subhash C K to represent the plaintiff in court.
Reference:
Ext.A12
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Another authorization letter for Mr. Subhash C K to represent the plaintiff.
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
Non-payment of Loan
Case Code
Case between Self Employers Service Society vs Dixon K B et al regarding realisation of money
Case Code Year
Case between Self Employers Service Society vs Dixon K B et al regarding realisation of money