Case Summary
The plaintiff, Self Employers Service Society, has filed a suit against the defendants for the realization of a loan amounting to ₹92,666 due to default in repayment. The defendants had executed a Demand Promissory note agreeing to repay the loan with interest but failed to comply.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay ₹92,666 along 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, ordering the defendants to pay ₹92,666 along with interest to the plaintiff. The plaintiff is also entitled to realize the costs from the defendants.
Why Plaintiff Won:
The plaintiff proved their case through evidence and there was no rebuttal from the defendants.
The plaintiff proved their case through evidence and there was no rebuttal from the defendants.
Losing Side's Weaknesses:
The plaintiff proved their case through evidence and there was no rebuttal from the defendants.
The plaintiff proved their case through evidence and there was no rebuttal from 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 92,666/- (Rupees Ninety Two Thousand Six Hundred and Sixty Six only) 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
- Defendant
- Party Name
- Fazil Abdulkhadar
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edhun P. Santhosh
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs.Sabeena
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mrs Alfiya Vahid
- Party Age
- 31
- Relation
- W/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement executed, Statement of accounts, Lawyer’s Notice, Postal Receipts, Acknowledgement Cards, Bylaw, Registration Certificate, Extract of meeting minutes, Letter of Authorization.
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:
It is ordered that the defendants shall pay to the plaintiff the sum of 92,666/- along with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 92,666/- (Rupees Ninety Two Thousand Six Hundred and Sixty Six only) 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 realise the 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:
The document is related to the loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This is the agreement executed by the defendants agreeing to repay the loan amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
A document that supports the agreement between the plaintiff and the defendants.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The formal agreement executed concerning the loan between the plaintiff and the defendants.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The computer printout of the statement of accounts for the first defendant.
Reference:
Ext.A5
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice issued demanding payment from the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The series of postal receipts for notices sent to the defendants.
Reference:
Ext.A7 series
Document Type:
Acknowledgement Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgement cards signed by the defendants confirming receipt.
Reference:
Ext.A8 series
Document Type:
Bylaw of the Society
Submitted By:
Plaintiff
Relevance:
The bylaw document of the plaintiff's society.
Reference:
Ext.A9
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The photocopy of the registration certificate of the plaintiff's society.
Reference:
Ext.A10
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Extract of the minute of the meeting of the working committee.
Reference:
Ext.A11
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
The letter authorizing 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
Non-payment of rent
Case Code
O.S.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt