Case Summary
The plaintiff, Vaikathappan Nidhi Limited, represented by C.K.Praveen, claims that the defendants, Sheela and Haridasan.R., defaulted on a loan agreement. The suit is for the recovery of an outstanding amount owed by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the claim of Rs.47,364/- and also to realize 9% interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the claimed amount from the defendants.
Why Plaintiff Won:
The plaintiff's firm presented un rebutted evidence establishing the claim.
The plaintiff's firm presented un rebutted evidence establishing the claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the un rebutted 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 Rs.47,364/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 14.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Haridasan.R.
- Party Age
- 61
Plaintiffs Documents
Certified copy of resolution of Director Board meeting, Original promissory note, Office copy of lawyer’s notice.
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:
To realize the plaint claim of Rs.47,364/- 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:
This document establishes the authority of the managing director to sanction the loan.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
The promissory note indicates the loan amount and repayment terms agreed upon by the defendants.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants demanding repayment of the loan.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card provides proof of receipt of the lawyer’s notice by the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card also provides proof of receipt of the lawyer’s 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 Sheela et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Sheela et al regarding realisation of money.