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
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.
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
Plaintiffs
Sunil K.K (41 years years)
Koroth veedu, Kangarappady, Kochi – 682 021
Defendants
Nithin P.S (29 years years)
Pezhungapparambil veedu, Kangarappady, Kochi – 682 021
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: