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o.s No. 579/2024

Case between Self Employers Service Society vs James E. Joseph et al regarding realization of money

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-02-06
Duration
approximately-1 year 1 month
Case Closed
Thu, 02/06/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a society seeking repayment of a loan amount from the defendants, who defaulted on their payment obligations. The plaintiff provided a loan of ₹50,000 to the first defendant, with others as guarantors.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed, and the defendants were ordered to pay the plaintiff ₹89,809 along with interest.
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay the sum of ₹89,809 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed, and the defendants were ordered to pay the plaintiff ₹89,809 along with interest.
Why Plaintiff Won:
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.
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 ₹89,809/- (Rupees Eighty Nine Thousand Eight Hundred and Nine only) with interest thereon at the rate of 6% per annum for the principal amount of ₹50,000/- (Rupees Fifty 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
James E. Joseph
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Sunimol James
Party Age
55
Relation
W/o
Party Role
Defendant
Party Name
Jochen E Joseph
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Jonachan James
Party Age
74
Relation
S/o
Plaintiffs Documents
Loan application, Demand Promissory Note, Notice, and other supporting documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv.Manu J.Varappally
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Adv.Simeon Abraham Kurian
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Adv.Hyma Baby
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Adv.Jack Augustine
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The court ordered the defendants to pay the outstanding loan amount.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of ₹89,809/- (Rupees Eighty Nine Thousand Eight Hundred and Nine only) with interest thereon at the rate of 6%.

Documents & Evidence

Document Type: Computer print out of statement of accounts
Submitted By: Plaintiff
Relevance:
The document was used to establish the financial details of the transaction and outstanding amount.
Reference:
Ext.A1
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The application was part of the documents establishing the loan terms.
Reference:
Ext.A2
Document Type: Consent letter
Submitted By: Plaintiff
Relevance:
This letter provided consent related to the loan agreement.
Reference:
Ext.A3
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
The document detailed the agreement terms regarding the loan.
Reference:
Ext.A4
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
This document was critical as it recorded the borrower's promise to repay the loan.
Reference:
Ext.A5
Document Type: Copy of Lawyers Notice
Submitted By: Plaintiff
Relevance:
The notice served to demand repayment of the loan was significant in the proceedings.
Reference:
Ext.A6
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
These receipts were evidence of the delivery of the lawyer's notice.
Reference:
Ext.A7
Document Type: Acknowledgement Cards
Submitted By: Plaintiff
Relevance:
The acknowledgment cards indicated receipt of the lawyer's notice.
Reference:
Ext.A8
Document Type: Bye law of Self Employers Service Society
Submitted By: Plaintiff
Relevance:
This document provided the governing rules of the society that was relevant to the case.
Reference:
Ext.A9
Document Type: Copy of registration certificate
Submitted By: Plaintiff
Relevance:
The registration certificate validated the plaintiff's legal status.
Reference:
Ext.A10
Document Type: Copy of letter issued from District Registrar, Kottayam
Submitted By: Plaintiff
Relevance:
The letter further established the plaintiff's credentials.
Reference:
Ext.A11
Document Type: True extract of the minutes of the meeting
Submitted By: Plaintiff
Relevance:
This extract was used to support the authority of the representatives involved.
Reference:
Ext.A12
Document Type: Authorisation Letter
Submitted By: Plaintiff
Relevance:
This letter confirmed the authorization of Mr. M.V. Josekutty to represent the plaintiff.
Reference:
Ext.A13

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Self Employers Service Society vs James E. Joseph et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs James E. Joseph et al regarding realization of money

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sat, 12/18/2021 - 12:00
Case Closed
Thu, 02/06/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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