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O.S. No. 791 of 2020

Case between Sivadas.N.Nair vs Maniamma Vijayan regarding realisation of money

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-25
Duration
approximately-6 years 11 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Sivadas.N.Nair, is seeking repayment of Rs.6,73,874 from the defendant, Maniamma Vijayan, who borrowed the money in 2017. The defendant has not repaid the loan despite the plaintiff's requests.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing him to recover the amount along with interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to recover Rs.6,73,874 along with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented established the transaction and indebtedness.

Judgment Evidence:

In the result, the suit is decreed as follows. A) The plaintiff is allowed to recover Rs.6,73,874 together with interest at the rate of 9% per annum from the date of suit till the date of decree.

Parties Involved

Plaintiffs

Sivadas.N.Nair (34 years) Padinjare Brahmani Veedu, Perandoor Road, Vivekananda Nagar, Elamakkara P.O, Ernakulam District, Pin 682 026

Defendants

Maniamma Vijayan (60 years) D/1, Door No. C.C 29/2865 D, 3rd Floor, “KNS GARDENS”, Poonithura Village, Kanayannur Taluk, Ernakulam District

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is allowed to recover Rs.6,73,874 along with interest.
Evidence:
The plaintiff is allowed to recover Rs.6,73,874/(Rupees Six lakhs Seventy Three thousand Eight hundred and Seventy Four only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type: Cost
Outcome: Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.

Documents & Evidence

Document Type: Letter
Submitted By: Plaintiff
Relevance:
This letter issued by the Branch Manager, Punjab National Bank, was used to support the plaintiff's claim regarding the loan transaction.
Reference:
Ext.A2
Document Type: Certificate
Submitted By: Court
Relevance:
Certificate produced by the Branch Manager of Punjab National Bank that verifies the transfer of funds.
Reference:
Ext.X1
Document Type: Customer account ledger report
Submitted By: Court
Relevance:
Shows the customer account transactions of the plaintiff which support the loan claim.
Reference:
Ext.X2
Document Type: Statement of Account
Submitted By: Court
Relevance:
This document provides details regarding the account of the defendant, specifically the deposit of the loan amount.
Reference:
Ext.X4
Document Type: Application Form for Fund Transfer
Submitted By: Court
Relevance:
Photocopy of the application form for fund transfer that demonstrates the funds were indeed transferred to the defendant.
Reference:
Ext.X5

Quick Facts

Location
Ernakulam
Case Filed
Wed, 01/01/2020 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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