Case Summary
The case involves Vaikathappan Nidhi Limited seeking to recover a loan amount from Aswathy K.A and Sajeev.C. The defendants defaulted on repayments as per the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 7,352/- and also to realize 9% interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding amount along with interest.
Why Plaintiff Won:
The plaintiff's firm provided sufficient evidence of the loan agreement and the defendants' failure to repay.
The plaintiff's firm provided sufficient evidence of the loan agreement and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff's firm provided sufficient evidence of the loan agreement and the defendants' failure to repay.
The plaintiff's firm provided sufficient evidence of the loan agreement and the defendants' failure to repay.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff’s firm, I hold that the plaintiff’s firm 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 ₹ 7,352/- (Rupees Seven Thousand Three Hundred and Fifty Two only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 24.06.2024 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
- Aswathy K.A
- Party Age
- 33
- Relation
- W/o Sajeev
- Party Role
- Defendant
- Party Name
- Sajeev.C
- Party Age
- 35
- Relation
- S/o Chellappan
Plaintiffs Documents
Original resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 19.07.2022, Office copy of lawyer’s notice dated 22.01.2024, Unclaimed notice of 1st defendant, Unclaimed notice of 2nd defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Chaithanya K.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.A.C.Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Elizabeth Mathew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the plaint claim of ₹7,352/- along with 9% interest.
Evidence:
The suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 7,352/- (Rupees Seven Thousand Three Hundred and Fifty Two only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 24.06.2024 till realization.
Documents & Evidence
Document Type:
Original resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Marked to establish the case regarding the loan agreement.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Marked to provide evidence of the terms of the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Marked to show that a notice was issued to the defendants demanding repayment.
Reference:
Ext.A3
Document Type:
Unclaimed notice of first defendant
Submitted By:
Plaintiff
Relevance:
Marked to demonstrate the defendants' evasion of the notice.
Reference:
Ext.A4
Document Type:
Unclaimed notice of second defendant
Submitted By:
Plaintiff
Relevance:
Marked to indicate the second defendant's evasion of the notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs Aswathy K.A et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Aswathy K.A et al regarding realisation of money.