Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking to recover a loan amount from the defendants, Smitha Kunjumon and Kunjumon, who have defaulted on repayment. The court ruled in favor of the plaintiff, allowing them to recover the outstanding sum along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realise the plaint claim of Rs.8,256/- and also to realise 9% interest from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the claimed amount with interest. The defendants failed to appear and contest the suit.
Why Plaintiff Won:
The plaintiff presented unrebutted evidence to support the case for loan recovery.
The plaintiff presented unrebutted evidence to support the case for loan recovery.
Losing Side's Weaknesses:
The plaintiff presented unrebutted evidence to support the case for loan recovery.
The plaintiff presented unrebutted evidence to support the case for loan recovery.
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 realise the plaint claim of Rs.8,256/- (Eight Thousand Two hundred and Fifty Six Only) and also to realise 9% interest from the defendants and their assets from the date of the suit ie, 24.06.2024 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Smitha Kunjumon
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kunjumon
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of resolution of Director Board meeting dated 05.01.2024, Original Promissory Note dated 08.07.2022, Office copy of lawyer’s notice dated 22.01.2024, Unclaimed notice with A/D card dated 31.01.2024.
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’s firm is allowed to realise the plaint claim of Rs.8,256/- and also to realise 9% interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realise the plaint claim of Rs.8,256/- (Eight Thousand Two hundred and Fifty Six Only) and also to realise 9% interest from the defendants and their assets from the date of the suit ie, 24.06.2024 till realisation.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
To establish the case.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
To establish the case.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
To establish the case.
Reference:
Ext.A3
Document Type:
Unclaimed Notice with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
To establish the case.
Reference:
Ext.A4 and A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs Smitha Kunjumon et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Smitha Kunjumon et al regarding realisation of money.