Case Summary
The plaintiff, Self Employers Service Society, is a registered society that disbursed a loan of ₹50,000 to the defendants for conducting business. The defendants defaulted on the repayment of the loan, leading the plaintiff to file this suit to recover the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants to pay ₹54,332 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay ₹54,332 along with interest at the rate of 6% per annum from the date of the suit until realization.
Why Plaintiff Won:
The plaintiff successfully proved the execution and default of repayment regarding the loan.
The plaintiff successfully proved the execution and default of repayment regarding the loan.
Losing Side's Weaknesses:
The plaintiff successfully proved the execution and default of repayment regarding the loan.
The plaintiff successfully proved the execution and default of repayment regarding the loan.
Supporting Evidence
It was averred that the 1st defendant as the borrower, the 2nd, the 3rd and the 4th defendants as the guarantors availed of a loan for an amount of ₹50,000 on 28.11.2017.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants No.1,2,3 and 4 to pay to the plaintiff the sum of ₹54,332 with interest thereon at the rate of 6% per annum for the principal amount of ₹50,000 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
- Sinimol M.M.
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dileep E.J.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajimon E.B.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aradhana P.S.
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Loan application, Demand promissory Note, Agreement, Consent letter, Statement of account, Copy of Lawyers Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.S.Somaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Rayin K.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the loan amount along with interest.
Evidence:
Hence the plaintiff is entitled to realise an amount of ₹54,332/ with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled 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:
Establishes the plaintiff's claim that a loan was applied for by the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as evidence that the defendants promised to repay the loan with interest.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms under which the loan was granted to the first defendant.
Reference:
Ext.A3
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Confirms the first defendant's agreement to repay the loan without default.
Reference:
Ext.A4
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the amount due as of 30.06.2020, supporting the plaintiff's claim.
Reference:
Ext.A5
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants of their repayment obligation.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proves that the lawyer's notice was sent to the defendants.
Reference:
Ext.A7
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by the defendants.
Reference:
Ext.A8
Document Type:
By law of self Employers Service Society
Submitted By:
Plaintiff
Relevance:
Provides legal framework for the society's operations.
Reference:
Ext.A9
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff’s society.
Reference:
Ext.A10
Document Type:
Copy of letter of District Registrar
Submitted By:
Plaintiff
Relevance:
Further supports the legitimacy of the plaintiff.
Reference:
Ext.A11
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Demonstrates the authorized representation of the plaintiff.
Reference:
Ext.A12
Document Type:
Copy of True Extract of board meeting
Submitted By:
Plaintiff
Relevance:
Provides evidence of governance and decision-making within the plaintiff society.
Reference:
Ext.A13
Document Type:
Copy of True Extract of board meeting
Submitted By:
Plaintiff
Relevance:
Provides continuity of governance evidence for the plaintiff.
Reference:
Ext.A14
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Confirms the authority of PW1 to represent the plaintiff.
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Self Employers Service Society vs Sinimol M.M., Dileep E.J., Shajimon E.B., Aradhana P.S. regarding realization of money.
Case Code Year
Case between Self Employers Service Society vs Sinimol M.M., Dileep E.J., Shajimon E.B., Aradhana P.S. regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt