Case Summary
The plaintiff, Self Employers Service Society, provided a loan to the defendants who failed to repay it. The suit seeks recovery of the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of 46,918/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, ordering the defendants to pay the plaintiff a sum of 46,918/- along with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was sufficient to establish the case, with no rebuttal from the defendants.
The evidence presented by the plaintiff was sufficient to establish the case, with no rebuttal from the defendants.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was sufficient to establish the case, with no rebuttal from the defendants.
The evidence presented by the plaintiff was sufficient to establish the case, with no rebuttal from the defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 46,918/- along with interest at the rate of 6% per annum 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
- Mr. Baby Sasikumar
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. M.S. Subin
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. G. Gopakumar
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Shafi
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan application, Demand promissory Note, Consent Letter, agreement, statement of accounts, Lawyers Notice, Postal receipts, Acknowledgment card, Returned Lawyers Notice, bylaw of the Plaintiff Society, Registration Certificate, minutes of the meeting, Authorization letter.
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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall pay to the plaintiff the sum of 46,918/- along with interest at the rate of 6% per annum.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 46,918/- (Rupees Forty Six Thousand Nine Hundred and Eighteen only) along with interest at the rate of 6% per annum 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 loan application for Rs. 50,000 submitted by Baby Sasikumar.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The Demand promissory Note for Rs. 50,000/- executed by the Defendant.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The Consent Letter.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and the defendants.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The Computer printout of the statement of accounts of the plaintiff in the name of the 1st defendant as on 30.11.2021.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The True Copy of Lawyers Notice issued to the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The Postal receipts of the Notice issued to the defendants (4 Nos.).
Reference:
Ext.A7 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The Acknowledgment card signed by the Defendant No. 4.
Reference:
Ext.A8
Document Type:
Returned Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The Returned Lawyers Notice issued on defendants 1 to 3.
Reference:
Ext.A9 series
Document Type:
Bylaw
Submitted By:
Plaintiff
Relevance:
The bylaw of the Plaintiff Secretary.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The photocopy of the Registration Certificate of the Plaintiff Society.
Reference:
Ext.A11
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
The true Extract of the minutes of the meeting of the working Committee.
Reference:
Ext.A12
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
The Autherization letter issued by the General Secretary to Mr. Subhash. C.K.
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
OS
Case Code Year
2022