Case Summary
The plaintiff, Self Employers Service Society, disbursed a loan to the defendants and is seeking repayment. The defendants have failed to repay the loan amount despite being issued a notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay to the plaintiff the sum of ₹65,848 along 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. The defendants are ordered to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff established their case through adequate evidence without any rebuttal from the defendants.
The plaintiff established their case through adequate evidence without any rebuttal from the defendants.
Losing Side's Weaknesses:
The plaintiff established their case through adequate evidence without any rebuttal from the defendants.
The plaintiff established their case through adequate evidence without any rebuttal from the defendants.
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 shall pay to the plaintiff the sum of ₹65,848 (Rupees Sixty Five Thousand Eight Hundred and Forty Eight 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Plaintiff
- Party Name
- Mr.M.V Josekutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs.Arya. M
- Party Age
- 28
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr.Sreejith.G
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Faisal. K. Muhammed
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Rajeev.M.R
- Party Age
- 46
Plaintiffs Documents
Loan Application for 100000/- by Arya.M., Demand Promissory Note for Rs. 100000/- - executed by the Defendants.
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
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
It is ordered that the defendants shall pay to the plaintiff the sum of ₹65,848 along with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of ₹65,848 (Rupees Sixty Five Thousand Eight Hundred and Forty Eight 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 ₹100000/- by Arya.M.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The Demand Promissory Note for ₹100000/- executed by the Defendants.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the Plaintiff and the Defendants.
Reference:
Ext.A4
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 notices issued to the Defendants (4 numbers).
Reference:
Ext.A7 series
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The Acknowledgement card signed by the Defendants 1, 2 and 4 (3 numbers).
Reference:
Ext.A8 series
Document Type:
Photocopy of registration certificate
Submitted By:
Plaintiff
Relevance:
The Photocopy of the Registration certificate of the plaintiff society.
Reference:
Ext.A10
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
True extract of the minutes of the meeting of the working committee.
Reference:
Ext.A12
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
The Authorisation letter issued by the General secretary to Mr.Subhash C.K.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The computer printout of the Statement of account of the Plaintiff in the name of the 1st defendant as on 30.04.2022, 29.07.2019 to 30.04.2022.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
O.S.
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt