Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking the recovery of a loan amount from the defendants, Saritha and Savithri. The defendants defaulted on repayment terms agreed upon for a loan taken under the Vanita Mitra Loan Scheme.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize the claim of ₹ 42,374/- and to recover 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendants.
Why Plaintiff Won:
The plaintiff established their case through unrebutted evidence.
The plaintiff established their case through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff established their case through unrebutted evidence.
The plaintiff established their case through unrebutted evidence.
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 ₹ 42,374/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 22.06.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- Saritha
- Party Age
- 45
- Relation
- W/o Lalu
- Party Role
- Defendant
- Party Name
- Savithri
- Party Age
- 70
- Relation
- W/o Thankappan
Plaintiffs Documents
Certified copy of resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 25.04.2023, Office copy of lawyer’s notice dated 20.04.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's firm is allowed to realize the plaint claim of ₹ 42,374/- along with 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:
Established the authority of the plaintiff organization and the context of the loan agreement.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Provided evidence of the loan commitment made by the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
Served as evidence of the demand for repayment issued to the defendants.
Reference:
Ext.A3
Document Type:
Registered cover with A/D Card
Submitted By:
Plaintiff
Relevance:
Demonstrated the attempt to notify defendants regarding the claim.
Reference:
Ext.A4
Document Type:
A/D card received by 2nd defendant
Submitted By:
Plaintiff
Relevance:
Confirmed that the notice sent to the second defendant was received.
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 Saritha et al regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs Saritha et al regarding realisation of money