Case Summary
The plaintiff, Self Employers Service Society, sanctioned a loan to the 1st defendant, who failed to repay it. The plaintiff sought to recover the outstanding amount through this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 71,888/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaint averments, affidavit and documents established the case of the plaintiff.
The plaint averments, affidavit and documents established the case of the plaintiff.
Losing Side's Weaknesses:
The plaint averments, affidavit and documents established the case of the plaintiff.
The plaint averments, affidavit and documents established the case of the plaintiff.
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 to pay to the plaintiff the sum of 71,888/- with interest thereon at the rate of 6% per annum for the principal amount of 50,000/- 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
- Ms Arya Rajan
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Rahul Pattolackal
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arun C P
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abhiraj N
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Application for loan, Demand Promissory Note, Consent Letter executed by 1st defendant, Agreement, Computer print out of statement of accounts, True copy of Lawyers Notice, Acknowledgment card signed by defendant no. 1, Byelaw of Plaintiff’s Society, Photocopy of the registration certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sukumaran Nair C S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Somaraj S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff to recover the sum of ₹ 71,888 from the defendants.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 71,888/-...
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff society and the 1st defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants agreeing to repay the loan amount with interest.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Acknowledges the loan agreement by the 1st defendant.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Formalizes the terms of the loan provided to the 1st defendant.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details the financial dealings and outstanding amount owed by the defendants.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Served to demand repayment of the outstanding balance from the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the lawyer's notice to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card signed by defendant no. 1
Submitted By:
Plaintiff
Relevance:
Indicates receipt of the lawyer's notice by the 1st defendant.
Reference:
Ext.A8
Document Type:
Returned lawyers notice
Submitted By:
Plaintiff
Relevance:
Shows that notices sent to other defendants were returned undelivered.
Reference:
Ext.A9
Document Type:
Byelaw of Plaintiff’s Society
Submitted By:
Plaintiff
Relevance:
Defines the operational framework of the plaintiff society.
Reference:
Ext.A10
Document Type:
Registration certificate of the plaintiff’s Society
Submitted By:
Plaintiff
Relevance:
Confirms the legal status of the plaintiff organization.
Reference:
Ext.A11
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Authorizes Mr. M V Josekutty to represent the plaintiff in court.
Reference:
Ext.A12
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Provides information regarding the decisions made by the plaintiff's society.
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 Ms Arya Rajan et al regarding Suit for realization of money.
Case Code Year
Case between Self Employers Service Society vs Ms Arya Rajan et al regarding Suit for realization of money.