Case Summary
The plaintiff, a society, brought a suit against the defendants to recover a loan amount that was disbursed to the first defendant, who defaulted on repayment. The defendants denied the transaction and claimed that no such agreements were made.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹65,000/- with interest at the rate of 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover a sum of ₹65,000/- along with interest at the rate of 6% per annum.
Why Plaintiff Won:
The plaintiff proved the transaction and entitlement to recover the loan under the provisions of the relevant Act.
The plaintiff proved the transaction and entitlement to recover the loan under the provisions of the relevant Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has proved transaction between the plaintiff and the defendants. Hence the plaintiff is entitled to realise the principal amount of ₹65,000/- with interest.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is ordered that the defendants to pay to the plaintiff the sum of ₹65,000/- (Rupees sixty five thousand only) with interest thereon 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
- Razak K M
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Najeem T S
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kochumon I
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subair P M
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement, Statement of Accounts, Copy of Lawyers Notice, Postal receipts, Bye Law of the Plaintiff’s Society, Copy of Registration Certificate, True Extract of the Minutes of the Meeting, Authorisation Letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S Somaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- E S Sukumaran Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ubaideth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the principal amount with interest from the defendants.
Evidence:
the plaintiff is entitled to realise the principal amount of Rs.65,000/- with interest @ 6% per annum from the date of suit till the date of realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to recover costs from the defendants.
Evidence:
the plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for loan submitted by the 1st defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendants for the loan amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Consent letter signed by the 1st defendant agreeing to repay the loan.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants regarding the loan repayment.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts showing loan repayment details.
Reference:
Ext.A5
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the lawyers' notice sent to the defendants.
Reference:
Ext.A7 Series
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards related to the lawyers' notice.
Reference:
Ext.A8 Series
Document Type:
Returned lawyers notice
Submitted By:
Plaintiff
Relevance:
Returned notice indicating defendants' non-receipt.
Reference:
Ext.A9
Document Type:
Bye Law of the Plaintiff’s Society
Submitted By:
Plaintiff
Relevance:
Byelaws showing the operational framework of the society regarding loans.
Reference:
Ext.A10
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the registration of the plaintiff society.
Reference:
Ext.A11
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Minutes showing decision of the committee to authorise representation.
Reference:
Ext.A12
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Letter authorising the witness to represent the plaintiff in court.
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 Razak K M et al regarding realisation of money
Case Code Year
Case between Self Employers Service Society vs Razak K M et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt