Case Summary
The plaintiff, Vaikathappan Nidhi Limited, represented by its Managing Director C.K.Praveen, filed a suit against the defendants for the recovery of a loan that was not repaid. Both defendants were involved in the loan as the first defendant borrowed money and the second acted as a guarantor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹39,465/- and also to realize 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the amount owed from the defendants, including interest.
Why Plaintiff Won:
The plaintiff presented unrebutted evidence supporting their claim for the amount owed.
The plaintiff presented unrebutted evidence supporting their claim for the amount owed.
Losing Side's Weaknesses:
The plaintiff presented unrebutted evidence supporting their claim for the amount owed.
The plaintiff presented unrebutted evidence supporting their claim for the amount owed.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff’s firm, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹39,465/- (Rupees Thirty Nine Thousand Four Hundred and Sixty Five Only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 25.06.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- Anitha Siva Prasad
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Hariprasad P.S.
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
A1 : Certified copy of resolution of Director Board meeting dated 05.01.2024, A2 : Original promissory note dated 26.04.2023, A3 : Office copy of lawyer’s notice dated 20.04.2024, A4 : Returned unclaimed notice, A5 : A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹39,465/- along with interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹39,465/- (Rupees Thirty Nine Thousand Four Hundred and Sixty Five Only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 25.06.2024 till realization.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Document establishes the authority of the Managing Director to take the loan on behalf of the company.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Document evidences the loan agreement between the plaintiff and the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Document serves as evidence of the demand for repayment issued to the defendants.
Reference:
Ext.A3
Document Type:
Returned Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Document shows the defendants evaded service of notice.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Document corroborates the attempted delivery of notice to the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Vaikathappan Nidhi Limited vs Anitha Siva Prasad et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Anitha Siva Prasad et al regarding realisation of money.