Case Summary
The plaintiff, Vaikathappan Nidhi Limited, filed a suit against the defendants for the recovery of a loan amount. The defendants took a loan but defaulted on payments, prompting the plaintiff to seek recovery through the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 44,670/- 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, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The court found the plaintiff's evidence to be unrebutted and established the case for recovery of the loan.
The court found the plaintiff's evidence to be unrebutted and established the case for recovery of the loan.
Losing Side's Weaknesses:
The court found the plaintiff's evidence to be unrebutted and established the case for recovery of the loan.
The court found the plaintiff's evidence to be unrebutted and established the case for recovery of the loan.
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 ₹ 44,670/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 04.06.2024 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
- Shylasree Shaji
- Party Age
- 52
- Relation
- W/o Shaji
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 52
- Relation
- S/o Gopalan
Plaintiffs Documents
Original resolution of Director Board meeting dated 05.01.2024, Original promissory note dated 25.08.2023, Office copy of lawyer’s notice dated 14.03.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹ 44,670/-.
Evidence:
the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 44,670/- (Rupees Forty Four Thousand Six Hundred and Seventy only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 04.06.2024 till realization.
Documents & Evidence
Document Type:
Original resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the loan transaction.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement made by the first defendant.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding repayment.
Reference:
Ext.A3
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Document related to the service of legal notice.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Another document related to the service of legal notice.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Vaikathappan Nidhi Limited vs Shylasree Shaji et al regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs Shylasree Shaji et al regarding realisation of money