Case Summary
The plaintiff is Vaikkathappan Nidhi Ltd. which issued a loan to the first defendant, Shanthini, for self-employment. The second defendant, Sivadasan, acted as a guarantor but both defendants failed to repay the loan as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff’s firm is allowed to realize the claim of ₹57,879 and to realize 9% interest.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing the plaintiff to realize a claim amount of ₹57,879 along with interest from the defendants.
Why Plaintiff Won:
The plaintiff provided sufficient evidence and documentation supporting their claim.
The plaintiff provided sufficient evidence and documentation supporting their claim.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence and documentation supporting their claim.
The plaintiff provided sufficient evidence and documentation supporting their claim.
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 ₹ 57,879/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 22.05.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikkathappan Nidhi Ltd.
- Relation
- represented by Managing Director
- Party Role
- Defendant
- Party Name
- Shanthini
- Party Age
- 48
- Relation
- W/o Sivadasan
- Party Role
- Defendant
- Party Name
- Sivadasan P.D.
- Party Age
- 51
- Relation
- S/o Damodaran
Plaintiffs Documents
True copy of the 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, Postal A/d card received by the 1st defendant, Postal A/d card received by the 2nd defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K G Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's firm is allowed to realize the plaint claim of ₹ 57,879/- 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 ₹ 57,879/- (Rupees Fifty Seven Thousand Eight Hundred and Seventy Nine only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 22.05.2024 till realization.
Documents & Evidence
Document Type:
True copy of the resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to establish the case.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to establish the case.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to establish the case.
Reference:
Ext.A3
Document Type:
Postal A/D card received by 1st defendant
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to establish the case.
Reference:
Ext.A4
Document Type:
Postal A/D card received by 2nd defendant
Submitted By:
Plaintiff
Relevance:
Relied upon by the plaintiff to establish the case.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Vaikkathappan Nidhi Ltd. vs Shanthini et al regarding realisation of money
Case Code Year
Case between Vaikkathappan Nidhi Ltd. vs Shanthini et al regarding realisation of money