Case Summary
The plaintiff is a society that sanctioned a loan to the 1st defendant, who defaulted on repayment. The plaintiff has pursued legal action against the defendants for the recovery of the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 88,188/- with interest thereon at the rate of 6% per annum for the principal amount.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to repay the outstanding loan amount with interest.
Why Plaintiff Won:
The plaint averments, affidavit and the documents establish the case of the plaintiff.
The plaint averments, affidavit and the documents establish the case of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
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 88,188/- (Rupees eighty eight thousand one hundred and eighty eight only) with interest thereon at the rate of 6% per annum for the principal amount of 50,000/- (Rupees fifty thousand only) 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
- Poroskhan @ Firoskhan
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Haji Muhammad Rafeek
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Barakkathulla M
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Remya V R
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement, Copy of Statement of Account, Copy of Lawyer’s notice, Postal receipts, A/D Card, Returned Lawyer’s Notices, Bye Law, Copy of Registration Certificate, True Extracts of the Minutes, Authorisation Letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the defendants to pay the plaintiff the outstanding loan amount with interest.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 88,188/- (Rupees eighty eight thousand one hundred and eighty eight only) with interest thereon at the rate of 6% per annum for the principal amount of 50,000/- (Rupees fifty thousand only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
The court ordered the defendants to pay the costs incurred by the plaintiff.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence proving the loan was applied for by the 1st defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document served as evidence of the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
This document indicated consent related to the loan arrangement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document provided the terms of the agreement regarding the loan.
Reference:
Ext.A4
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document displayed the transactions relevant to the loan from the date of loan issuance to the date of the lawsuit.
Reference:
Ext.A5
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This document was a legal notice sent to the defendants demanding repayment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These documents were proof of sending legal notices to the defendants.
Reference:
Ext.A7
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the delivery of legal notices to the defendants.
Reference:
Ext.A8
Document Type:
Returned Lawyer’s Notices
Submitted By:
Plaintiff
Relevance:
This document showed that some notices sent to the defendants were returned.
Reference:
Ext.A9
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
This document was related to the operation of the plaintiff society.
Reference:
Ext.A10
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
This document verified the registration of the plaintiff society.
Reference:
Ext.A11
Document Type:
True Extracts of the Minutes
Submitted By:
Plaintiff
Relevance:
This document provided essential insights into the society's decisions relevant to the case.
Reference:
Ext.A12
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
This document granted authority to the representative to act on behalf of the plaintiff.
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
Non-payment of rent
Case Code
Case between Self Employers Service Society vs Poroskhan @ Firoskhan et al regarding realization of money.
Case Code Year
Case between Self Employers Service Society vs Poroskhan @ Firoskhan et al regarding realization of money.