Case Summary
The plaintiff, Self Employers Service Society, sanctioned a loan to the first defendant, Saritha. K.V., who defaulted on repayment. The plaintiff is seeking to recover the outstanding loan amount from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹1,81,219 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are to pay the plaintiff the sum of ₹1,81,219 along with interest at 6% per annum from the date of the institution of the suit until realization.
Why Plaintiff Won:
The evidentiary documents substantiated the plaintiff's claim for repayment.
The evidentiary documents substantiated the plaintiff's claim for repayment.
Losing Side's Weaknesses:
The evidentiary documents substantiated the plaintiff's claim for repayment.
The evidentiary documents substantiated the plaintiff's claim for repayment.
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. Hence the plaintiff is entitled to the reliefs as claimed for.
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 1,81,219/- (Rupees One Lakh Eighty One Thousand Two Hundred and Nineteen only) with interest thereon at the rate of 6% per annum for the principal amount of 1,00,000/- (Rupees One Lakh 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
- Saritha. K.V.
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shaiju. V. Damodaran.
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jijo Joy.
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Arun Jose.
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Loan application dated 19.02.2020, Demand promissory note dated 27.02.2020, postal receipts, returned lawyer's notices.
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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the defendants to pay the outstanding loan amount along with interest.
Evidence:
The suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 1,81,219/- (Rupees One Lakh Eighty One Thousand Two Hundred and Nineteen only) with interest thereon at the rate of 6% per annum.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence for the loan sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants agreeing to repay the loan amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Part of the documentation related to the loan agreement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Detailed terms of the loan agreement.
Reference:
Ext.A4
Document Type:
Printout of statement of accounts
Submitted By:
Plaintiff
Relevance:
Shows the amount outstanding and due from the defendants.
Reference:
Ext.A5
Document Type:
True copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding the payment of dues.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A7
Document Type:
A/D Card signed by D4
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice by the fourth defendant.
Reference:
Ext.A8
Document Type:
A/D Card signed by D2
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice by the second defendant.
Reference:
Ext.A8(a)
Document Type:
Returned Lawyers notice issued on D1
Submitted By:
Plaintiff
Relevance:
Shows the failure of the first defendant to receive the notice.
Reference:
Ext.A9
Document Type:
Returned Lawyers notice issued on D3
Submitted By:
Plaintiff
Relevance:
Shows the failure of the third defendant to receive the notice.
Reference:
Ext.A9(a)
Document Type:
Byelaw of plaintiff society
Submitted By:
Plaintiff
Relevance:
Relevant for establishing the plaintiff's standing.
Reference:
Ext.A10
Document Type:
Photocopy of Registration Certificate of plaintiff society
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff society's legal status.
Reference:
Ext.A11
Document Type:
True extract of the working committee
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of the plaintiff's representatives.
Reference:
Ext.A12
Document Type:
Authorisation letter issued in favour of Mr.Subhash C.K.
Submitted By:
Plaintiff
Relevance:
Confirms the authority of Mr. Subhash C.K. to represent 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
Loan default
Case Code
Case between Self Employers Service Society vs Saritha. K.V. et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs Saritha. K.V. et al regarding realization of money