Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking to recover money loaned to the first defendant, Greeshma, who took a loan for self-employment. The second defendant, Satheesh, was the guarantor for the loan, but both defendants have defaulted on repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 9,977/- 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 claimed amount along with interest. The defendants were found to have deliberately defaulted on repayment.
Why Plaintiff Won:
The plaintiff established the case with unrebutted evidence and appropriate documentation.
The plaintiff established the case with unrebutted evidence and appropriate documentation.
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 ₹ 9,977/- (Rupees Nine Thousand Nine Hundred and Seventy Seven 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
- Party Role
- Defendant
- Party Name
- Greeshma
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Satheesh
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original resolution of Director Board meeting, Original promissory note, Office copy of lawyers notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the plaint claim of ₹ 9,977/- and recover 9% interest.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Original resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the legitimacy of the loan transaction.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of 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:
Demonstrates that the plaintiff notified the defendants about the repayment demand.
Reference:
Ext.A3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence regarding the notice sent to the defendants.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Submitted as part of the evidence regarding the notice sent to the defendants.
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 Greeshma et al regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs Greeshma et al regarding realisation of money