Case Summary
The plaintiff, Self Employers Service Society, is seeking repayment of a loan granted to the first defendant with other defendants as sureties. The defendants failed to repay the loan despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,38,904/- from the defendants 1 to 4 jointly and severally with 6% interest per annum from 02-01-2023 until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the outstanding loan amount with costs and interest.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction and the defendants' default.
The plaintiff successfully proved the loan transaction and the defendants' default.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan transaction and the defendants' default.
The plaintiff successfully proved the loan transaction and the defendants' default.
Supporting Evidence
The plaintiff has successfully proved the loan transaction, execution of loan documents, default in repayment and the subsisting liability.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 3,38,904/- (Rupees Three Lakhs Thirty Eight Thousand Nine Hundred and Four only) from the defendants 1 to 4 jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Defendant
- Party Name
- Mr. Pradeep. P.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Nikitha Sukesan
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Sanjose
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Prameesh. K.S
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application, Demand Promissory Note, Consent Letter, Loan Agreement, Statement of Accounts, Legal Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Somaraj. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. E.S. Sukumaran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Vipin N Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 3,38,904/- from the defendants.
Evidence:
The plaintiff has successfully proved the loan transaction, execution of loan documents, default in repayment and the subsisting liability.
Relief Type:
Interest
Outcome:
Granted
Description:
The defendants shall pay interest at the rate of 6% per annum on the decree amount from 02-01-2023 till realisation.
Evidence:
Considering the nature of transaction and prevailing lending rates, interest at 6% per annum is fair, reasonable and sufficient to meet the ends of justice.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff was constrained to institute the suit due to the failure of the defendants to discharge their contractual obligation.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Shows the 1st defendant as borrower and defendants 2 to 4 as sureties for a loan of Rs.2,00,000/-.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants agreeing to repay the loan amount with 20% interest on demand.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Acknowledges the liability for loan repayment by the defendants.
Reference:
Ext.A3
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the agreement for repayment of the loan along with interest.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance due from the defendants as of 02-01-2023.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendants demanding payment of the outstanding amount.
Reference:
Ext.A6
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 Employers Service Society vs Mr. Pradeep. P.P et al regarding realisation of money
Case Code Year
Case between Self Employers Service Society vs Mr. Pradeep. P.P et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt