Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking repayment of a loan taken by the first defendant, Aswathy Pramod, with the second defendant acting as a guarantor. Both defendants defaulted on the repayment agreements, prompting the plaintiff to initiate this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 10,817/- and also to realize 9% interest from the defendants and their assets from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the organization to realize the claim along with interest on the amount due. The defendants were found liable for the remaining loan amount.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence to support its claim for the outstanding loan amount.
The plaintiff provided unrebutted evidence to support its claim for the outstanding loan amount.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence to support its claim for the outstanding loan amount.
The plaintiff provided unrebutted evidence to support its claim for the outstanding loan amount.
Supporting Evidence
PW1 gave evidence in tune with the pleadings. He would also relied on Exts. A1 to A5 documents to establish the case.
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 ₹ 10,817/- (Rupees Ten Thousand Eight Hundred and Seventeen only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 12.04.2024 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 Pramod
- Party Age
- 40
- Relation
- W/o Pramod
- Party Role
- Defendant
- Party Name
- Pramod
- Party Age
- 42
- Relation
- S/o kunjappan
Plaintiffs Documents
Certified copy of resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 08.07.2022, Office copy of lawyer’s notice dated 22.01.2024, A/d card (D1), Returned notice (D2).
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize the plaint claim.
Evidence:
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 10,817/- (Rupees Ten Thousand Eight Hundred and Seventeen only) and also to realize 9% interest from the defendants.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the case of the plaintiff.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Critical evidence relating to the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Evidence of demand for repayment made to the defendants.
Reference:
Ext.A3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence relating to the service of notice.
Reference:
Ext.A4
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Evidence indicating the defendants evaded service of notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Vaikathappan Nidhi Limited vs Aswathy Pramod et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Aswathy Pramod et al regarding realisation of money.