Case Summary
The plaintiffs are engaged in the business of money lending and claim the defendants owe them money based on a loan agreement. The defendants dispute the validity of the loan and claim it was fabricated.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay plaintiff a sum of 6,23,000/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, stating they were entitled to recover the outstanding loan amount from the defendants.
Why Plaintiff Won:
The plaintiffs proved the existence of the loan agreement and the payment default by the defendants.
The plaintiffs proved the existence of the loan agreement and the payment default by the defendants.
Losing Side's Weaknesses:
The plaintiffs proved the existence of the loan agreement and the payment default by the defendants.
The plaintiffs proved the existence of the loan agreement and the payment default by the defendants.
Supporting Evidence
The plaintiff has proved his case through Ext. A1 to A11 and A12 and through oral testimony of PW1 and PW2 PW3 with respect to the loan, execution of the documents and payment.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants shall pay plaintiff a sum of 6,23,000/- (Rupees Six Lakhs Twenty Three Thousand Only) with interest thereon at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajimon Mathew @ Shajan Kattachira
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shini Shajan
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Reshma Shyna Shajan
- Party Age
- 25
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Roshan Shajan
- Party Age
- 23
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Roshna Shyna Shajan
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dileep D
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kuriachan K G
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cherian Mathew
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Salini Dileep
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Loan Cum Guarantee Agreement, Promissory notes, Legal Notices, Money Lending License, Gazette Notification.
Defendants Documents
Loan account statement, Guarantee Agreement, various notices.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- E M Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P A Rabeez
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Reny Baby
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover the outstanding loan amount of Rs. 6,23,000/-.
Evidence:
the suit is decreed as follows: It is ordered that the defendants shall pay plaintiff a sum of 6,23,000/- (Rupees Six Lakhs Twenty Three Thousand Only) with interest thereon at the rate of 6% per annum on the principal amount of 6,23,000/- from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff claimed costs associated with the suit.
Evidence:
Considering the facts and circumstances of the case, I am of the view that the plaintiffs are entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed to formalize the loan arrangement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Vouchers
Submitted By:
Plaintiff
Relevance:
Acknowledged receipt of the loan amount by the defendants.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Formal promise by the 1st defendant to repay the borrowed amount.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Formal promise by the 2nd to 4th defendants as guarantors for the loan.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants for recovery of the owed amount.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending legal notices to the defendants.
Reference:
Ext.A6
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the loan details and outstanding amount due from the defendants.
Reference:
Ext.A7
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff's authorization to lend money.
Reference:
Ext.A8
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document enabling the plaintiff's legal representation.
Reference:
Ext.A9
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Evidence of the legal heirs' status in continuing the suit.
Reference:
Ext.A10
Document Type:
Gazette notification
Submitted By:
Plaintiff
Relevance:
Official notice related to the plaintiff's business.
Reference:
Ext.A11
Document Type:
Counter files
Submitted By:
Plaintiff
Relevance:
Documentation related to a prior loan arrangement.
Reference:
Ext.A12
Document Type:
Loan Account Statement
Submitted By:
Defendant
Relevance:
Defendant's account details to contest the claims.
Reference:
Ext.B1
Document Type:
Guarantee Agreement
Submitted By:
Defendant
Relevance:
Agreement related to the loan liability.
Reference:
Ext.B2
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement relevant to the partnership and loan dealings.
Reference:
Ext.B3
Document Type:
Gazette notification
Submitted By:
Defendant
Relevance:
Official notice related to the defendants' affairs.
Reference:
Ext.B4
Document Type:
Advertisement
Submitted By:
Defendant
Relevance:
Related to the defendants' business dealings.
Reference:
Ext.B5
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Related to legal proceedings involving the defendants.
Reference:
Ext.B6
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Financial statements relevant to the loan.
Reference:
Ext.B7
Document Type:
Copy of Petition
Submitted By:
Defendant
Relevance:
Documentation concerning the defendants' legal actions.
Reference:
Ext.B8
Document Type:
Relinquishment Letter
Submitted By:
Defendant
Relevance:
Document indicating a transfer of rights or claims.
Reference:
Ext.B9
Document Type:
Bank Account statement
Submitted By:
Unknown
Relevance:
Account details presented by the bank manager to support the case.
Reference:
Ext.X1
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 Shajimon Mathew @ Shajan Kattachira et al vs Dileep D et al regarding realization of money
Case Code Year
Case between Shajimon Mathew @ Shajan Kattachira et al vs Dileep D et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt