Case Summary
The plaintiff, Vaikathappan Nidhi Limited, claims that the defendants defaulted on a loan agreement. The first defendant borrowed ₹50,000 and the second defendant acted as the guarantor, but they failed to repay the amount as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹43,992 and also to realize 9% interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendants were ordered to repay ₹43,992 with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was unrebutted and sufficient to establish the case.
The evidence presented by the plaintiff was unrebutted and sufficient to establish the case.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unrebutted and sufficient to establish the case.
The evidence presented by the plaintiff was unrebutted and sufficient to establish the case.
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 ₹ 43,992/- (Rupees Forty three Thousand Nine Hundred and Ninety Two only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 14.08.2024 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
- Neethulakshmi K.C
- Party Age
- 35
- Relation
- W/o Madhu
- Party Role
- Defendant
- Party Name
- Madhu
- Party Age
- 41
- Relation
- S/o Rajamma
Plaintiffs Documents
Resolution of the Director Board Meeting dated 05.01.2024, Promissory Note dated 11.04.2023, Lawyer’s Notice dated 29.05.2024, 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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.C.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Elizabeth Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹ 43,992/- and 9% interest from the defendants.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Resolution of the Director Board Meeting
Submitted By:
Plaintiff
Relevance:
To establish the company's authority to issue the loan.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
To evidence the loan agreement between the plaintiff and the first defendant.
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
To demonstrate the plaintiff's attempt to recover the amount due.
Reference:
Ext.A3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
To show proof of sending the lawyer's notice.
Reference:
Ext.A4
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
To indicate that the defendants evaded service of the 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 Neethulakshmi K.C et al regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs Neethulakshmi K.C et al regarding realisation of money