Case Summary
The plaintiff, Self Employers Service Society, lent money to the first defendant, Susamma, who defaulted on repayment. The other defendants guaranteed the loan but also failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ordered the defendants to pay ₹3,50,061 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrefuted.
The evidence presented by the plaintiff was unrefuted.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrefuted.
The evidence presented by the plaintiff was unrefuted.
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 ₹3,50,061 with interest thereon at the rate of 6% per annum for the principal amount of ₹2,00,000 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
- Plaintiff
- Party Name
- Mr. M.V. Josekutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Susamma
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Riya Susan Reji
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rijo Reji
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reji Joseph
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Loan agreement, Demand promissory note, Lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Manu J.Varappally
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Simeon Abraham Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Hyma Baby
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Jack Augustine
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff seeks recovery of the outstanding loan amount.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 3,50,061₹/ (Rupees Three Lakh Fifty Thousand and Sixty One only) with interest thereon at the rate of 6% per annum for the principal amount of 2,00,000₹/ (Rupees Two Lakh only) from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realize the costs from the defendants.
Documents & Evidence
Document Type:
True extract of minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Establishes the authorization and operational structure of the plaintiff society.
Reference:
Ext.A1
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
Confirms that the representative has been authorized to act on behalf of the plaintiff.
Reference:
Ext.A2
Document Type:
Bye law of Self Employers Service Society
Submitted By:
Plaintiff
Relevance:
Details the governance and operational rules of the plaintiff society.
Reference:
Ext.A3
Document Type:
Photocopy of registration certificate
Submitted By:
Plaintiff
Relevance:
Validates the legal status of the plaintiff society.
Reference:
Ext.A4
Document Type:
Copy of letter issued from District Registrar, Kottayam
Submitted By:
Plaintiff
Relevance:
Provides official recognition of the plaintiff's status.
Reference:
Ext.A5
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Documents the request for the loan made by the first defendant.
Reference:
Ext.A6
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Indicates the first defendant's consent regarding the loan.
Reference:
Ext.A7
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Formalizes the terms under which the loan was granted.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Obligates the defendants to repay the loan with interest.
Reference:
Ext.A9
Document Type:
True copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Serves as proof that the plaintiff demanded repayment from the defendants.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer's notice to the defendants.
Reference:
Ext.A11
Document Type:
A/d Cards
Submitted By:
Plaintiff
Relevance:
Records the delivery of the lawyer's notice to the defendants.
Reference:
Ext.A12
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Indicates failed delivery attempts for the notice to the defendants.
Reference:
Ext.A13
Document Type:
Computer print out of statement of accounts
Submitted By:
Plaintiff
Relevance:
Details the outstanding balance due from the defendants.
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 Susamma et al regarding realization of money.
Case Code Year
Case between Self Employers Service Society vs Susamma et al regarding realization of money.