Case Summary
The case involves Vaikathappan Nidhi Limited seeking repayment from the defendants, who defaulted on a loan borrowed under the Vanita Mitra Loan Scheme. The plaintiff claims the defendants failed to repay the loan and the associated interest as per the agreed terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff’s firm is allowed to realize the plaint claim of ₹ 68,600/- and also to realize 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 realize the borrowed amount along with interest from the defendants. The defendants were found liable for the default in repayment.
Why Plaintiff Won:
The plaintiff's evidence clearly established the defendants' default on the loan agreement.
The plaintiff's evidence clearly established the defendants' default on the loan agreement.
Losing Side's Weaknesses:
The plaintiff's evidence clearly established the defendants' default on the loan agreement.
The plaintiff's evidence clearly established the defendants' default on the loan agreement.
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 ₹ 68,600/- (Rupees Sixty Eight Thousand Six Hundred only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 2.08.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Party Role
- Defendant
- Party Name
- Thilakamma C.T
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prakashan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Resolution of Director Board meeting dated 05.01.2024, Promissory note dated 26.04.2023, True copy of lawyer’s notice dated 29.05.2024.
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
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's firm is allowed to realize the plaint claim of ₹ 68,600 and also to realize 9% interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 68,600/- (Rupees Sixty Eight Thousand Six Hundred only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 2.08.2024 till realization.
Documents & Evidence
Document Type:
Resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Original resolution was presented to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
True copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
The notice demanded repayment of the outstanding loan amount.
Reference:
Ext.A3
Document Type:
A/d card of 1st defendant
Submitted By:
Plaintiff
Relevance:
Served as evidence of communication to the first defendant.
Reference:
Ext.A4
Document Type:
A/d card of 2nd defendant
Submitted By:
Plaintiff
Relevance:
Served as evidence of communication 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
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs Thilakamma C.T et al regarding realisation of money
Case Code Year
Case between Vaikathappan Nidhi Limited vs Thilakamma C.T et al regarding realisation of money