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O.S No. 186/2024

Case between Self Employers Service Society vs Haji Mohammed Rafeek et al regarding realization of money.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-02-25
Duration
approximately-1 year 8 months
Case Closed
Tue, 02/25/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Self Employers Service Society filed a suit against Haji Mohammed Rafeek and others for the recovery of loan amount due. The defendants defaulted on the repayment of the loan sanctioned to the first defendant.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, ordering the defendants to pay the plaintiff a sum of ₹93,589 with interest from the date of institution of the suit till realization.
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay to the plaintiff the sum of ₹93,589 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendants to pay the plaintiff a sum of ₹93,589 with interest from the date of institution of the suit till realization.
Why Plaintiff Won:
The plaintiff established their case as there was no evidence to rebut the evidence adduced by the plaintiff.
Losing Side's Weaknesses:
The plaintiff established their case as there was no evidence to rebut the evidence adduced by the plaintiff.
Supporting Evidence
The plaintiff is entitled to the reliefs as claimed for based on the evidence adduced.

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 ₹93,589.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Self Employers Service Society
Party Role
Defendant
Party Name
Haji Mohammed Rafeek
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Rinas
Party Age
24
Relation
S/o
Party Role
Defendant
Party Name
Barakkathulla M.
Party Age
36
Relation
S/o
Party Role
Defendant
Party Name
Rifna Muhammed
Party Age
18
Relation
D/o
Plaintiffs Documents
True extract of the working committee meeting, Authorization letter, Photocopy of the registration certificate, Demand Promissory Note, Office copy of Lawyer's Notice.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv.Manu J.Varappally
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendants were ordered to pay the outstanding loan amount to the plaintiff.
Evidence:
Hence the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 93,589 ₹ (Rupees Ninety Three Thousand Five Hundred and Eighty Nine only) with interest thereon.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realize the costs from the defendants.

Documents & Evidence

Document Type: True extract of the working committee meeting
Submitted By: Plaintiff
Relevance:
This document establishes the authority and workings of the plaintiff society.
Reference:
Ext.A1
Document Type: Authorization letter
Submitted By: Plaintiff
Relevance:
This document authorizes the representative of the plaintiff for court proceedings.
Reference:
Ext.A2
Document Type: Bye law of the society
Submitted By: Plaintiff
Relevance:
This document outlines the governance and regulations of the plaintiff society.
Reference:
Ext.A3
Document Type: Photocopy of the registration certificate
Submitted By: Plaintiff
Relevance:
This document serves as proof of the society's registration.
Reference:
Ext.A4
Document Type: Photocopy of the letter issued by District Registrar, Kottayam
Submitted By: Plaintiff
Relevance:
This document confirms the registration details and compliance of the society.
Reference:
Ext.A5
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
This document contains the request for the loan amount sanctioned to the defendant.
Reference:
Ext.A6
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
This document is the agreement by the defendant to repay the loan amount with interest.
Reference:
Ext.A7
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
This document details the terms agreed upon for the loan secured by the defendant.
Reference:
Ext.A8
Document Type: Consent letter
Submitted By: Plaintiff
Relevance:
This document indicates the consent of the parties involved in the agreement.
Reference:
Ext.A9
Document Type: Office Copy of Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document is the legal notice sent for repayment of the loan amount.
Reference:
Ext.A10
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
These documents serve as evidence of the notices sent to the defendants.
Reference:
Ext.A11 series
Document Type: Returned postal articles
Submitted By: Plaintiff
Relevance:
These documents are the evidence of non-delivery of the notices to the defendants.
Reference:
Ext.A12 series
Document Type: Computer print out of statement of accounts
Submitted By: Plaintiff
Relevance:
This document provides the financial details regarding the outstanding loan.
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 vs Haji Mohammed Rafeek et al regarding realization of money.
Case Code Year
Case between Self Employers Service Society vs Haji Mohammed Rafeek et al regarding realization of money.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sun, 02/25/2024 - 12:00
Case Closed
Tue, 02/25/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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