Case Summary
The plaintiff, a society, loaned ₹1,65,000 to the first defendant, who defaulted on repayment. The other defendants are guarantors for the loan, and the plaintiff is seeking to recover the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹2,85,947 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the amount claimed.
Why Plaintiff Won:
The evidence adduced by the plaintiff was not rebutted by the defendants.
The evidence adduced by the plaintiff was not rebutted by the defendants.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was not rebutted by the defendants.
The evidence adduced by the plaintiff was not rebutted by the defendants.
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.
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 ₹2,85,947/- with interest thereon at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self employers Service Society
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sreenivasan Nair K S
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu Sreenivas
- Party Age
- 51
- Relation
- C/o
- Party Role
- Defendant
- Party Name
- Gokul Krishnan K
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surendran Nair
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Various documents including registration certificate, loan application, demand promissory note, and lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu J Varappally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the loan amount due from the defendants.
Evidence:
Hence to realise the amount from the defendants, the plaintiff filed this suit.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the loan amount from the date of institution of the suit till the date of realization.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of ₹2,85,947/- with interest thereon at the rate of 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs to be realized from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
True extract of the meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the background and authorization related to the loan.
Reference:
Ext.A1
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Used to confirm the authority of the representative in the suit.
Reference:
Ext.A2
Document Type:
True extract of the minutes of meeting
Submitted By:
Plaintiff
Relevance:
Provided evidence relevant to the loan agreement terms.
Reference:
Ext.A3
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Supplementary evidence of representation in court.
Reference:
Ext.A4
Document Type:
Bye law of the society
Submitted By:
Plaintiff
Relevance:
Established the regulatory framework under which the plaintiff operates.
Reference:
Ext.A5
Document Type:
Photocopy of registration certificate
Submitted By:
Plaintiff
Relevance:
Confirmed the plaintiff's legal stature.
Reference:
Ext.A6
Document Type:
Photocopy of letter issued by the District Registrar
Submitted By:
Plaintiff
Relevance:
Supported the plaintiff's claims about its operational validity.
Reference:
Ext.A7
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document outlining the loan request made by the defendants.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Core evidence of the agreement to repay the loan.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Detailed terms under which the loan was granted.
Reference:
Ext.A10
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Provided prior acknowledgment of loan terms by the defendants.
Reference:
Ext.A11
Document Type:
Office copy of the Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Served as proof of demand for repayment.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of notification sent to defendants.
Reference:
Ext.A13
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
Confirmed the delivery of legal notices.
Reference:
Ext.A14
Document Type:
Computer print out of Account Statement
Submitted By:
Plaintiff
Relevance:
Provided financial details supporting the claimed amount.
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 Sreenivasan Nair K S et al regarding realization of money.
Case Code Year
Case between Self employers Service Society vs Sreenivasan Nair K S et al regarding realization of money.