Case Summary
The plaintiff, Self Employers Service, is seeking recovery of a loan amount disbursed to the defendants, who defaulted on the repayment. The defendants executed a Demand Promissory note agreeing to repay the loan but failed to do so after receiving a notice from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay 28,189/- along 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, allowing recovery of the outstanding loan amount from the defendants. The defendants are ordered to pay the plaintiff the sum of 28,189/- along with interest.
Why Plaintiff Won:
The plaintiff's evidence was found sufficient and uncontradicted.
The plaintiff's evidence was found sufficient and uncontradicted.
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 28,189/- 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
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Saji George
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Roji Saji
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jose Abraham
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P C Pyle
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alice Paul
- Party Age
- 66
- Relation
- W/o
Plaintiffs Documents
Loan Application, Demand Promissory Note for Rs. 50,000/-, Consent Letter, Agreement executed between the plaintiff and the defendants, Lawyer’s Notice issued to the defendants, Postal Receipts of the notices issued to the defendants, Acknowledgment Cards signed by the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somaraj S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of the loan amount owed by the defendants.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay to the plaintiff the sum of 28,189/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested interest on the loan amount.
Evidence:
ordered that the defendants shall pay to the plaintiff... 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.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Plaintiff provided evidence of the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendants executed a promissory note agreeing to repay the loan.
Reference:
Ext.A2
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Document showing the consent of the defendants regarding the agreement.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between the plaintiff and the defendants regarding the loan.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Computer printout of the financial statement related to the loan.
Reference:
Ext.A5
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants regarding repayment of the loan.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts of notices sent to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Cards signed by some of the defendants acknowledging receipt of notices.
Reference:
Ext.A8
Document Type:
Returned Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice returned from one of the defendants indicating non-receipt.
Reference:
Ext.A9
Document Type:
Byelaw of Society
Submitted By:
Plaintiff
Relevance:
Byelaw document of the plaintiff society relevant to the case.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff society's registration.
Reference:
Ext.A11
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Minutes of the meeting showing approval for the loan.
Reference:
Ext.A12
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
Authorization letter allowing Mr. Subash C K to represent the plaintiff.
Reference:
Ext.A13
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 vs Saji George et al regarding realization of money
Case Code Year
Case between Self Employers Service vs Saji George et al regarding realization of money