Case Summary
The plaintiff, Vaikathappan Nidhi Limited, a company represented by its Managing Director, sues the defendants Seema and Anilkumar for failing to repay a loan taken by Seema. The defendants defaulted on their repayment obligations under the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 33,608/- along with 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest from the defendants. The defendants failed to repay the loan as agreed.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence and documentation proving the debt owed by the defendants.
The plaintiff provided unrebutted evidence and documentation proving the debt owed by the defendants.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence and documentation proving the debt owed by the defendants.
The plaintiff provided unrebutted evidence and documentation proving the debt owed by the defendants.
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 ₹ 33,608/- (Rupees Thirty Three Thousand Six Hundred and Eight only) 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
- Seema
- Party Age
- 43
- Relation
- W/o Anilkumar
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 47
- Relation
- S/o Remanan
Plaintiffs Documents
True copy of the resolution of Director Board meeting dated 05.01.2024, original promissory note dated 26.04.2023, office copy of lawyer’s notice dated 20.04.2024, postal A/d card of 1st defendant, unclaimed notice of 2nd defendant.
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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹ 33,608 and interest.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
True copy of the resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the validity of the loan transaction.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement between the parties.
Reference:
Ext.A2
Document Type:
True Copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notification sent to defendants regarding the repayment of the loan.
Reference:
Ext.A3
Document Type:
A/d card of 1st defendant
Submitted By:
Plaintiff
Relevance:
Evidence of attempted service of notice to the first defendant.
Reference:
Ext.A4
Document Type:
Unclaimed notice of 2nd defendant
Submitted By:
Plaintiff
Relevance:
Evidence of attempted service of notice to the second defendant.
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 Seema et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Seema et al regarding realisation of money.