Case Summary
The plaintiff, Sunil K.K, lent money to the defendant, Nithin P.S, for a restaurant business expansion and is seeking repayment. The defendant claims the loan was fully repaid, leading to a dispute over the validity of the loan documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay the plaintiff a sum of Rs. 3,00,000/- with interest @6% per annum from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff had failed to prove the execution of the loan documents. However, the defendant was ruled to pay the plaintiff a sum of Rs. 3,00,000/- with 6% interest.
Why Plaintiff Won:
The plaintiff was able to establish a loan agreement, but the defendant also provided substantial defenses against the claims made.
The plaintiff was able to establish a loan agreement, but the defendant also provided substantial defenses against the claims made.
Losing Side's Weaknesses:
The plaintiff was able to establish a loan agreement, but the defendant also provided substantial defenses against the claims made.
The plaintiff was able to establish a loan agreement, but the defendant also provided substantial defenses against the claims made.
Supporting Evidence
The recitals in Ext A2 is to the effect that the same is an agreement entered into between the plaintiff and the defendant which is attested by two witnesses.
Judgment Evidence:
In the result, the suit is decreed as follows. i. The defendant shall pay the plaintiff a sum of Rs. 3,00,000/- with interest @6% per annum from the date of the suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil K.K
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nithin P.S
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Demand Promissory note, Certified copy of the Agreement
Defendants Documents
Certified copy of the Final Report submitted by the Police before the Hon’ble Judicial First Class Magistrate Court, Kakkanad in a case pertaining to the alleged acts of the plaintiff.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Krishnadas P Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.L.Sreekala
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haridas P Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.A.Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.R.Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B.Sabitha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajini N.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajiv Nambisan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Teena George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff sought the recovery of the loan amount advanced to the defendant.
Evidence:
The suit is decreed as follows. i.The defendant shall pay the plaintiff a sum of Rs. 3,00,000/- with interest @6% per annum from the date of the suit till realisation.
Relief Type:
Costs
Outcome:
Not Decided
Description:
The court addressed the issue of costs but directed parties to bear their respective costs.
Evidence:
Considering the peculiar factual circumstance of this case, parties shall bear their respective costs.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Certified copy of the demand promissory note issued by the defendant dated 11.02.2016, which the plaintiff claims as evidence of the loan agreement.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the agreement executed by the defendant dated 16.07.2016 related to an additional sum borrowed by the defendant.
Reference:
Ext.A2
Document Type:
Final report
Submitted By:
Defendant
Relevance:
Certified copy of the final report submitted by the police regarding the alleged acts of the plaintiff.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Evidence from the side of the plaintiff and defendant includes oral testimony.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sunil K.K vs Nithin P.S regarding money realization
Case Code Year
Case between Sunil K.K vs Nithin P.S regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour