Case Summary
The plaintiff, a service society, is seeking to recover a loan amount from the defendants. The defendants had defaulted on repayment of the loan taken in 2018.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize from defendants 1 to 4, jointly and severally, a sum of 61,799/- with interest at 6% per annum from the date of suit till realization, and with proportionate costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, allowing the plaintiff to recover the outstanding amount from the defendants. The rate of interest on the loan was modified to 6%.
Why Plaintiff Won:
The plaintiff proved the loan transaction and the defendants' default in repayment.
The plaintiff proved the loan transaction and the defendants' default in repayment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has produced ample documents to establish its locus standi and the loan transaction. The execution of the promissory note, consent letter, and loan agreement are proved.
Judgment Evidence:
In the result, the suit is decreed in part as follows: The plaintiff is entitled to realize from defendants 1 to 4, jointly and severally, a sum of 61,799/- (Rupees Sixty-One Thousand Seven Hundred and Ninety-Nine only) with interest at 6% per annum from the date of suit till realization, and with proportionate costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self employers service Society
- Party Role
- Defendant
- Party Name
- Mini Retinan @ Mini T G
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K N Retinan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiju K S
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Unnikkuttan R
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement executed between the plaintiff and the defendants, Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bino I Tom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding amount from the defendants.
Evidence:
The plaintiff has proved the loan transaction, the default of repayment, and the balance due.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest on the recovery amount is to be charged at a modified rate.
Evidence:
The contractual rate of 20% interest is modified to 6% per annum from the date of suit till realization.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The plaintiff produced the loan application submitted by the defendants for the loan amount.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The demand promissory note executed by the defendants agreeing to repay the loan amount was submitted.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The consent letter executed between the plaintiff and the defendants was provided.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and the defendants was presented in court.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The statement of accounts showing the outstanding balance due was submitted.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice issued to the defendants demanding repayment was included as evidence.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts of the notices sent to the defendants were submitted in evidence.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards signed by defendants 1 to 3 were presented as evidence.
Reference:
Ext.A8
Document Type:
Returned lawyers notice
Submitted By:
Plaintiff
Relevance:
The returned lawyer's notice issued to defendant No. 4 was submitted.
Reference:
Ext.A9
Document Type:
Bylaw of the Society
Submitted By:
Plaintiff
Relevance:
The bylaw of the plaintiff society was provided to establish legitimacy.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The photocopy of the registration certificate of the plaintiff society was submitted.
Reference:
Ext.A11
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
The true extract of meeting minutes was provided to establish authorization.
Reference:
Ext.A12
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Authorization letter issued by the General Secretary was included to prove representation.
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 Mini Retinan @ Mini T G et al regarding realisation of money
Case Code Year
Case between Self employers service Society vs Mini Retinan @ Mini T G et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt