Case Summary
Sri. Mohandas N.S. claimed that Sri. Jolly T.T. borrowed Rs.5,00,000 for business and failed to repay the amount with interest. The defendant denied the transaction, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.4,75,000 (Rupees Four Lakhs Seventy Five Thousand only) from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
The plaintiff proved the debt and the defendant failed to provide evidence to refute the claim.
Judgment Evidence:
In the result, the suit is decreed with costs. The plaintiff is entitled to realize Rs.4,75,000 from the defendant.
Parties Involved
Plaintiffs
Sri. Mohandas N.S. (46 years)
Paulin Building, T.D. Road, Ernakulam, Kochi-682011
Defendants
Sri. Jolly T.T. @ Jolly Thomas (47 years)
C.C. 20/2786, Thaipparambil House, Palluruthy Thekumuriyil, Palluruthy P.O., Kochi-682006
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.4,75,000/- from the defendant.
Evidence:
Therefore, the plaintiff is entitled to get a decree for realization of Rs.4,75,000/- from the defendant.
Documents & Evidence
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Rejected document submitted by the plaintiff as evidence of transactions.
Reference:
Ext.A1
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice sent by the plaintiff to the defendant requesting repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt showing the delivery of the demand notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card dated 10.07.2017 confirming receipt by the defendant.
Reference:
Ext.A4
Document Type:
SMS Extracts
Submitted By:
Plaintiff
Relevance:
Attested extracts of SMS messages sent by the defendant to the plaintiff indicating requests for more time for payments.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque bearing No.249228 for Rs.3,00,000/- drawn on Federal Bank as part of the loan transaction.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 01.09.2015 to 30.09.2015 evidencing transactions.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 01.01.2014 to 31.12.2014 evidencing transactions.
Reference:
Ext.A9
Document Type:
Mobile Phone
Submitted By:
Plaintiff
Relevance:
Mobile phone produced in court to corroborate SMS exchanges between the plaintiff and defendant.
Reference:
Ext.A10