Case Summary
The plaintiff is a society that sanctioned a loan of ₹1,50,000/- to the 1st defendant, who defaulted on repayment. The 2nd, 3rd, and 4th defendants served as sureties for the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are ordered to pay ₹1,59,994/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrefuted.
The evidence presented by the plaintiff was unrefuted.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrefuted.
The evidence presented by the plaintiff was unrefuted.
Supporting Evidence
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 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employer’s Service Society
- Relation
- represented by its General Secretary, Kuruvilla Thomas
- 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 are ordered to pay the outstanding amount along with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 1,59,994/- with interest thereon 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:
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:
The loan application was submitted by the 1st defendant to secure funding from the plaintiff.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement by the defendants to repay the loan amount with interest.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The consent letter supports the approval of the loan sanctioned to the 1st defendant.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement details the terms and conditions of the loan provided to the 1st defendant.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement outlines the financial details and outstanding amount owed by the defendants.
Reference:
Ext.A5
Document Type:
Copy of Bye Law of Plaintiff Society
Submitted By:
Plaintiff
Relevance:
This document provides the operational framework of the plaintiff society.
Reference:
Ext.A6
Document Type:
Copy of the Registration Certificate of the Plaintiff Society
Submitted By:
Plaintiff
Relevance:
This certificate confirms the legal status of the plaintiff society.
Reference:
Ext.A7
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
The extract discusses relevant decisions made by the plaintiff society regarding the loan.
Reference:
Ext.A8
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This letter authorizes the representative to act on behalf of the plaintiff society.
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