Case Summary
The plaintiff, Shini Shajan, is seeking to recover a loan amount from the defendants, who defaulted on payments. The defendants had taken a loan for business purposes but failed to repay, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay to the plaintiff the sum of 4,82,750/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
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.
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.
Losing Side's Weaknesses:
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.
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.
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:
It is ordered that the defendants shall pay to the plaintiff the sum of 4,82,750/- (Rupees Four Lakhs Eighty Two Thousand Seven Hundred and Fifty 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
- Shini Shajan
- Party Age
- 51
- Relation
- W/o Late Shajimon Mathew
- Party Role
- Defendant
- Party Name
- Abdul Salam K.A
- Party Age
- 45
- Relation
- S/o Asan Aliyar
- Party Role
- Defendant
- Party Name
- Muhammed Siyad K.A
- Party Age
- 36
- Relation
- S/o Abdul Khader
- Party Role
- Defendant
- Party Name
- Sheeja Abdul Salam
- Party Age
- 39
- Relation
- W/o Abdul Salam
- Party Role
- Defendant
- Party Name
- Sakeer Hussain
- Party Age
- 55
- Relation
- S/o Sulaiman
Plaintiffs Documents
27.01.2023 Loan cum guarantee agreement, 27.01.2023 Voucher for Rs.500000/-, 27.01.2023 Demand promissory note signed by the defendants 1 to 4, 22.07.2023 Office copy of the Lawyer’s notices, Postal Receipt of the notice issued to the Defendants, 15.09.2023 Loan Account Statement of Abdul Salam. K.A.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 4,82,750/- along with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Documents & Evidence
Document Type:
Loan Cum Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants to acknowledge the loan agreement.
Reference:
Ext.A1
Document Type:
Voucher for Rs.500000/-
Submitted By:
Plaintiff
Relevance:
Acknowledged receipt of the loan amount.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Signed by the defendants as an acknowledgment of the loan.
Reference:
Ext.A3
Document Type:
Office copy of the Lawyer’s notices
Submitted By:
Plaintiff
Relevance:
Served to the defendants regarding the loan repayment.
Reference:
Ext.A4
Document Type:
Postal Receipt of the notice
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendants.
Reference:
Ext.A5
Document Type:
Loan Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the loan account details and outstanding amount.
Reference:
Ext.A6
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
O.S.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt