Case Summary
The plaintiff, Self Employers Service Society, filed a suit against the defendants for the realization of a loan amount due. The defendants denied having received the loan, leading to the dismissal of the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by the plaintiff for recovery of the loan amount was dismissed as the plaintiff failed to prove the loan transaction.
Key Reasoning:
The plaintiff failed to provide sufficient evidence to validate their claim regarding the loan.
The plaintiff failed to provide sufficient evidence to validate their claim regarding the loan.
Why Defendant Won:
The plaintiff failed to provide sufficient evidence to validate their claim regarding the loan.
The plaintiff failed to provide sufficient evidence to validate their claim regarding the loan.
Supporting Evidence
On an overall analysis of the evidence before the court, it can be held that the plaintiff could not prove its case.
Judgment Evidence:
In the result, the suit is dismissed.
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
- Shaji Nair K V
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Venugopalan Nair
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subair P A
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayaprakash N E
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Consent Letter, Agreement, Lawyers notice.
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
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nithin Mathew Koshy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested recovery of the loan amount.
Evidence:
It can be held that the plaintiff could not prove its case.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan application made by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note executed for the loan amount.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Document consenting to the loan terms.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed regarding the repayment of the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing the transactions related to the loan.
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants regarding the default.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the legal notice being sent to the defendants.
Reference:
Ext.A7 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the defendants.
Reference:
Ext.A8 series
Document Type:
Bye-law of plaintiff society
Submitted By:
Plaintiff
Relevance:
Document outlining the regulations governing the plaintiff society.
Reference:
Ext.A10
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff society's registration.
Reference:
Ext.A11
Document Type:
Letter of Authorisation
Submitted By:
Plaintiff
Relevance:
Authorization letter allowing representation in court.
Reference:
Ext.A12
Document Type:
Copy of extract minutes of meeting
Submitted By:
Plaintiff
Relevance:
Minutes detailing the society's decisions related to loans.
Reference:
Ext.A13
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Authorization letter dated for representation in court.
Reference:
Ext.A14
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 Shaji Nair K V et al regarding realization of money.
Case Code Year
Case between Self Employers Service Society vs Shaji Nair K V et al regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt