Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking the repayment of a loan provided to the first defendant, Renjini Prasanthan, with the second defendant acting as the guarantor. The defendants defaulted on the loan repayment terms and evaded notice from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff's firm is allowed to realize the plaint claim of ₹ 10,830/- and also to realize 9% interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit allowing the plaintiff to recover the claim amount along with interest from the defendants. Judgment was delivered in favor of the plaintiff.
Why Plaintiff Won:
The unrebutted evidence adduced by the plaintiff’s firm established the case for relief.
The unrebutted evidence adduced by the plaintiff’s firm established the case for relief.
Losing Side's Weaknesses:
The unrebutted evidence adduced by the plaintiff’s firm established the case for relief.
The unrebutted evidence adduced by the plaintiff’s firm established the case for relief.
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 ₹ 10,830/- 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 its Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- Renjini Prasanthan
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasanthan
- Party Age
- 51
- Relation
- S/o
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.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff’s firm is allowed to realize the plaint claim and interest from the defendants.
Evidence:
The suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 10,830/- (Rupees Ten Thousand Eight Hundred and Thirty 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:
Establishes the authority of the plaintiff firm in granting the loan.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
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 the plaintiff's efforts to recover the loan amount before filing the suit.
Reference:
Ext.A3
Document Type:
Registered cover with A/D
Submitted By:
Plaintiff
Relevance:
Proof of service of notice to the defendants.
Reference:
Ext.A4
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Indicates acknowledgment of receipt of notice by 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 Renjini Prasanthan et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Renjini Prasanthan et al regarding realisation of money.