Case Summary
The plaintiff, a society registered under the Travancore Cochin Literary Scientific and Charitable Society Registration Act, 1955, disbursed a loan to the defendants, who committed default in repayment. The plaintiff filed this suit to recover the due amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are ordered to pay ₹30,369 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and ordered the defendants to pay a sum of ₹30,369 with interest at the rate of 6% per annum from the date of suit until realization.
Why Plaintiff Won:
The plaintiff successfully proved the case with sufficient evidence regarding the loan transaction.
The plaintiff successfully proved the case with sufficient evidence regarding the loan transaction.
Losing Side's Weaknesses:
The plaintiff successfully proved the case with sufficient evidence regarding the loan transaction.
The plaintiff successfully proved the case with sufficient evidence regarding the loan transaction.
Supporting Evidence
The plaintiff is entitled to realise the amount of ₹30,369 with interest as the defendants had defaulted repayment despite acceptance of the lawyer's notice.
Judgment Evidence:
In the result, the suit is decree as follows: 1. It is ordered that the defendants No.1,2,3 and 4 to pay to the plaintiff the sum of ₹30,369 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
- Defendant
- Party Name
- Sam Lukose
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileep E J
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shameena Dileep
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod Joseph
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Loan application, Demand promissory note, Agreement, Consent Letter, Copy of the statement of accounts, Copy of lawyers Notice, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Somaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rayin K.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's request for recovery of amount due.
Evidence:
the suit is decree as follows: 1. It is ordered that the defendants No.1,2,3 and 4 to pay to the plaintiff the sum of 30,369₹ (Rupees Thirty Thousand Three Hundred and Sixty Nine only) with interest thereon at the rate of 6% per annum
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff's request to recover costs from the defendants.
Evidence:
the plaintiff is entitled to realise the costs from the defendants No.1 to 4.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document showing that the 1st defendant applied for a loan.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the defendants promising to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the agreement between the plaintiff and the defendants regarding the loan.
Reference:
Ext.A3
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Document where the 1st defendant agreed to repay the loan without default.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document showing the balance amount due as of 30.07.2020.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding payment of the loan amount.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipts proving that the lawyers' notice was sent to the defendants.
Reference:
Ext.A7
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Cards confirming the receipt of the lawyers' notice by the defendants.
Reference:
Ext.A8
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 Sam Lukose et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs Sam Lukose et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt