Case Summary
The plaintiff, Self Employers Service Society, sanctioned a loan to the first defendant, who defaulted on repayment. The society filed a suit to recover the due amount from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹78,903 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay a total of ₹78,903 with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was not rebutted by the defendants.
The evidence presented by the plaintiff was not rebutted by the defendants.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not rebutted by the defendants.
The evidence presented by the plaintiff was not rebutted 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 78,903/- (Rupees Seventy Eight Thousand Nine Hundred and Three only) with interest thereon at the rate of 6% per annum for the principal amount of 45,000/- (Rupees Forty Five Thousand 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
- Defendant
- Party Name
- Hashibu Kassim
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Shafi
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nibas U A
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeena Shafi
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement, Computer Print out of Statement of Accounts, True copy of Lawyers Notice, Postal receipts, Acknowledgment Cards, Bye Law of the Society, Photocopy of the registration Certificate, Photocopy of the Authorization Letter, True Extract of the meeting of the working committee
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:
Ordered defendants to pay the owed sum to the plaintiff with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 78,903/- (Rupees Seventy Eight Thousand Nine Hundred and Three only) with interest thereon at the rate of 6% per annum for the principal amount of 45,000/- (Rupees Forty Five Thousand only) from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document establishes the loan request made by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendants' commitment to repay the loan with interest.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The letter provides additional confirmation related to the loan agreement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan agreement between the parties.
Reference:
Ext.A4
Document Type:
Computer print out of statement of accounts
Submitted By:
Plaintiff
Relevance:
This printout shows the outstanding balance owed by the defendants.
Reference:
Ext.A5
Document Type:
True copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to demand payment of the owed amount.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as proof of sending the lawyer's notice.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards confirm receipt of the lawyer's notice by the defendants.
Reference:
Ext.A8
Document Type:
Bye law of the society
Submitted By:
Plaintiff
Relevance:
This document outlines the governing rules of the plaintiff society.
Reference:
Ext.A9
Document Type:
Photocopy of the registration certificate
Submitted By:
Plaintiff
Relevance:
This certificate establishes the legal standing of the plaintiff society.
Reference:
Ext.A10
Document Type:
Photocopy of the Authorization Letter
Submitted By:
Plaintiff
Relevance:
This document authorizes Ms M V Josekutty to represent the plaintiff society.
Reference:
Ext.A11
Document Type:
True Extract of the meeting of the working committee
Submitted By:
Plaintiff
Relevance:
This extract provides evidence of the society’s decision related to the loan.
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 Hashibu Kassim et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs Hashibu Kassim et al regarding realization of money