Case Summary
The plaintiff, Self Employers Service Society, has filed a suit for the recovery of money against the defendants who defaulted on a loan. The court found that the defendants are jointly and severally liable for the repayment of the loan amount along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay the sum of Rs. 72,413/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, ordering the defendants to pay a total of Rs. 72,413/- along with interest from the date of institution of the suit until realization.
Why Plaintiff Won:
The evidences and documents presented by the plaintiff established the case without rebuttal from the defendants.
The evidences and documents presented by the plaintiff established the case without rebuttal from the defendants.
Losing Side's Weaknesses:
Not available
Not available
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 shall pay to the plaintiff the sum of Rs. 72,413/- (Rupees Seventy Two Thousand Four Hundred and Thirteen Only) along with interest 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
- Plaintiff
- Party Name
- Mr. M V Josukutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subaitha Shaji
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shajahan K S
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fazil M
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Rafi
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
True extract of the minutes of the meeting, Authorization letters, Loan application and agreement, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu J Varappally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the sum of Rs. 72,413/- from the defendants along with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Documents & Evidence
Document Type:
True extract of the minutes of the meeting of the working committee approving Mr. M V Josekutty to represent the society in all legal proceedings
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the authorized member to represent the plaintiff society.
Reference:
Ext.A1
Document Type:
Authorization letter issued by the General Secretary to Mr. M V Josekutty
Submitted By:
Plaintiff
Relevance:
Provides formal authorization for Mr. M V Josekutty to represent the society.
Reference:
Ext.A2
Document Type:
True Extract of the minutes of the meeting of the working committee approving Mr. Subash C K to represent the society in all legal proceedings
Submitted By:
Plaintiff
Relevance:
Establishes the authority of Mr. Subash C K to represent the plaintiff society.
Reference:
Ext.A3
Document Type:
Authorization letter issued by the General Secretary to Mr. Subash C K
Submitted By:
Plaintiff
Relevance:
Provides formal authorization for Mr. Subash C K to represent the society.
Reference:
Ext.A4
Document Type:
Photocopy of the Registration Certificate of the plaintiff society under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act.
Submitted By:
Plaintiff
Relevance:
Proves the legal existence of the plaintiff society.
Reference:
Ext.A6
Document Type:
Photocopy of the letter issued from the District Registrar, Kottayam to the plaintiff society.
Submitted By:
Plaintiff
Relevance:
Provides official communication from the District Registrar relevant to the society.
Reference:
Ext.A7
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Details the loan application made by the defendants.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Documents the agreement by the defendants to repay the loan amount.
Reference:
Ext.A9
Document Type:
Loan Agreement executed by the defendant in favour of the plaintiff
Submitted By:
Plaintiff
Relevance:
Finalizes the terms of the loan provided to the defendants.
Reference:
Ext.A10
Document Type:
Consent letter executed by the 1st defendant
Submitted By:
Plaintiff
Relevance:
Shows the consent of the 1st defendant regarding the loan.
Reference:
Ext.A11
Document Type:
True copy of the lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal notice sent to the defendants regarding the loan default.
Reference:
Ext.A12
Document Type:
Postal Receipt (4 Nos.)
Submitted By:
Plaintiff
Relevance:
Documents the mailing of notices related to the case.
Reference:
Ext.A13
Document Type:
Acknowledgment Cards (4 Nos.)
Submitted By:
Plaintiff
Relevance:
Provides proof of receipt of notices sent to the defendants.
Reference:
Ext.A14
Document Type:
Statement of Accounts (Computer Printout) along with section 65 B Certification
Submitted By:
Plaintiff
Relevance:
Shows the financial details regarding the loan and repayments.
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 Subaitha Shaji et al regarding realization of money
Case Code Year
Case between Self Employers Service Society vs Subaitha Shaji et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt