Case Summary
The plaintiff, a society, sanctioned a loan to the first defendant, who failed to repay it. The other defendants were sureties for the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay 1,59,994/- with interest at 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the loan amount due from the defendants.
Why Plaintiff Won:
The evidence adduced on behalf of the plaintiff was not rebutted.
The evidence adduced on behalf of the plaintiff was not rebutted.
Losing Side's Weaknesses:
The evidence adduced on behalf of the plaintiff was not rebutted.
The evidence adduced on behalf of the plaintiff was not rebutted.
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 1,59,994/- (Rupees one lakh fifty nine thousand nine hundred and ninety four only) with interest thereon at the rate of 6% per annum...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employer’s Service Society
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Jomon Varghese
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sebastian Thomas
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tomy Thomas
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Robin Varghese
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement, Statement of Account, Bye Law of Plaintiff Society, Registration Certificate of Plaintiff Society, True Extract of the minutes of the meeting, Authorization Letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants were ordered to pay the outstanding loan amount with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 1,59,994/- (Rupees one lakh fifty nine thousand nine hundred and ninety four only) with interest thereon at the rate of 6% per annum for the principal amount of 1,50,000/- (Rupees one lakh fifty thousand only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize 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:
This document supports the plaintiff's claim for the loan amount sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document establishes the defendants' agreement to repay the loan.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
This document provides additional evidence related to the loan agreement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan and agreement between parties.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance due from the defendants as of the judgment date.
Reference:
Ext.A5
Document Type:
Bye Law of Plaintiff Society
Submitted By:
Plaintiff
Relevance:
This document establishes the legal framework of the plaintiff society.
Reference:
Ext.A6
Document Type:
Registration Certificate of the Plaintiff Society
Submitted By:
Plaintiff
Relevance:
This document verifies the legal registration of the plaintiff society.
Reference:
Ext.A7
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
This document records decisions made by the society related to the loan.
Reference:
Ext.A8
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document grants authority for the representative to act on behalf of the plaintiff.
Reference:
Ext.A9
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
Case between Self Employer’s Service Society vs Jomon Varghese et al regarding realization of money.
Case Code Year
Case between Self Employer’s Service Society vs Jomon Varghese et al regarding realization of money.