Case Summary
The case involves Vaikathappan Nidhi Limited seeking repayment of a loan taken by the first defendant, Saranya, with the second defendant, Shafi C.S, acting as guarantor. The defendants defaulted on the repayment despite taking the loan under a specific scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 51,040/- and also to realize 9% interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to realize the claimed amount along with interest. The defendants were found liable for the outstanding loan amount.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence to support their claim for repayment.
The plaintiff provided unrebutted evidence to support their claim for repayment.
Losing Side's Weaknesses:
The defendants defaulted on the loan repayment as per the agreement.
The defendants defaulted on the loan repayment as per the agreement.
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 ₹ 51,040/- (Rupees Fifty One Thousand and Forty only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 23.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Party Role
- Defendant
- Party Name
- Saranya
- Party Age
- 24
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shafi C.S
- Relation
- S/o
Plaintiffs Documents
Certified copy of resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 11.04.2023, Office copy of lawyer’s notice dated 29.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
To realize the plaint claim of ₹ 51,040/- and also to realize 9% interest
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the relationship and terms of loan
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the loan agreement
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Constitutes evidence of the demand made for repayment
Reference:
Ext.A3
Document Type:
Returned registered cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Demonstrates the evasion of notice by the defendants
Reference:
Ext.A4
Document Type:
Returned registered cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Further supports the claim of evasion 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 Saranya et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Saranya et al regarding realisation of money.