Case Summary
The case involves a loan taken by the first defendant from the plaintiff organization, with the second defendant as the guarantor. Both defendants defaulted on the repayment of the loan, leading the plaintiff to file the suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 50,835/- and also to realize 9% interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The plaintiff is allowed to realize the claim along with interest from the defendants.
Why Plaintiff Won:
The plaintiff established the case through unrebutted evidence and documentation.
The plaintiff established the case through unrebutted evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established the case through unrebutted evidence and documentation.
The plaintiff established the case through unrebutted evidence and documentation.
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 ₹ 50,835/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 24.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sharika Chandran
- Party Age
- 27
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Praveenkumar P
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
True copy of resolution of Director Board meeting dated 05.01.2024, Promissory note dated 11.04.2023, Office copy of lawyers notice dated 29.05.2024, 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
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹50,835/- and 9% interest.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Original resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Establishes the grant of loan and terms agreed upon.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement and acknowledgment of debt.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding repayment of the loan.
Reference:
Ext.A3
Document Type:
A/d card of 1st defendant
Submitted By:
Plaintiff
Relevance:
Proof of service for communication with the first defendant.
Reference:
Ext.A4
Document Type:
Unclaimed notice of 2nd defendant
Submitted By:
Plaintiff
Relevance:
Evidence of the second defendant's evasion of service 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 Sharika Chandran et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Sharika Chandran et al regarding realisation of money.