Case Summary
The plaintiff, Vaikathappan Nidhi Limited, filed a suit against the defendants for the recovery of a loan amount. The first defendant took a loan with the second defendant acting as guarantor but failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 69,111/- and 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff for the realization of the loan amount along with interest. The court granted the plaintiff the right to recover the specified amount from the defendants.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence establishing the loan and default by the defendants.
The plaintiff provided unrebutted evidence establishing the loan and default by the defendants.
Losing Side's Weaknesses:
Not available
Not available
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 ₹ 69,111/- (Rupees Sixty Nine Thousand One Hundred and Eleven only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 02.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by Its Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- E.R.Indira
- Party Age
- 55
- Relation
- W/o Sabu
- Party Role
- Defendant
- Party Name
- Priyan
- Party Age
- 49
- Relation
- S/o Chandran
Plaintiffs Documents
Original resolution of Director Board Meeting, Original Promissory Note, Copy of Lawyer’s Notice, A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chaithanya K.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the plaint claim of ₹ 69,111/- and 9% interest.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Original resolution of the Director Board Meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement and authority to lend.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Primary document evidencing the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Evidence of demand for repayment sent to the defendants.
Reference:
Ext.A3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery attempt for the lawyer’s notice.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery attempt for the lawyer’s 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
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs E.R.Indira, Priyan regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs E.R.Indira, Priyan regarding realisation of money