Case Summary
The case involves Self Employers Service Society, which sanctioned a loan to Thahira Basheer, with other defendants as sureties. The defendants defaulted in repayment of the loan, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay to the plaintiff the sum of 90,314/- 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 not rebutted by the defendants.
The evidence presented by the plaintiff was not rebutted by the defendants.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not rebutted by the defendants.
The evidence presented 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 90,314/- (Rupees ninety thousand three hundred and fourteen only) with interest thereon at the rate of 6% per annum for the principal amount of 60,000/- (Rupees sixty thousand only) from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Defendant
- Party Name
- Thahira Basheer
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bennykumar A.S
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayaprakash K P
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shihab O I
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
True Extract of the minutes of the meeting, Authorization Letter, Loan Application, Demand Promissory Note
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 defendants were ordered to pay the outstanding amount due to the plaintiff.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 90,314/- (Rupees ninety thousand three hundred and fourteen only) with interest thereon at the rate of 6% per annum.
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.
Documents & Evidence
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Referenced to establish the plaintiff's claims and organizational structure.
Reference:
Ext.A1
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Used to validate the authority of the representative of the plaintiff.
Reference:
Ext.A2
Document Type:
The true extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Cited to support the claims regarding the loan.
Reference:
Ext.A3
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Further establishes authority of the plaintiff's representative.
Reference:
Ext.A4
Document Type:
Bye law of the society
Submitted By:
Plaintiff
Relevance:
Provided context regarding the operation and governance of the plaintiff society.
Reference:
Ext.A5
Document Type:
Photocopy of registration certificate
Submitted By:
Plaintiff
Relevance:
Establishes the legal status of the plaintiff society.
Reference:
Ext.A6
Document Type:
Letter issued by District Registrar, Kottayam
Submitted By:
Plaintiff
Relevance:
Supports the authenticity of the plaintiff's documentation.
Reference:
Ext.A7
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Details the application for the loan made by the first defendant.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The basis of the monetary claim against the defendants.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement that stipulates the loan terms.
Reference:
Ext.A10
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Demonstrates the agreement by defendants regarding loan repayment.
Reference:
Ext.A11
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Notice served to defendants demanding repayment.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of notice to defendants.
Reference:
Ext.A13
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice.
Reference:
Ext.A14
Document Type:
Computer print out of original data of accounts
Submitted By:
Plaintiff
Relevance:
Details outstanding amount due from defendants.
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
Non-payment of rent
Case Code
Case between Self Employers Service Society vs Thahira Basheer et al regarding Suit for realisation of money
Case Code Year
Case between Self Employers Service Society vs Thahira Basheer et al regarding Suit for realisation of money