Case Summary
Varkey Mathew loaned Rs.5,00,000 to Peter Mathew, who then failed to repay it after the agreed period. The plaintiff alleges that the defendant has withheld the repayment, causing financial distress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,35,000/- along with interest @ 12% from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay Rs.5,35,000 including interest for the repayment of the loan.
Why Plaintiff Won:
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
Losing Side's Weaknesses:
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
Supporting Evidence
Therefore, from the evidence on record, the court is satisfied that the plaintiff has proved his case and from Exhibit X1,...
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.5,35,000/- (Rupees Five lakhs thirty five thousand only) along with interest @ 12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varkey Mathew @ K V Mathew
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Peter Mathew
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Bank attested copy of account statement in Account No: 423702010014622 of Union Bank of India, Ponnurunni
Defendants Documents
Bank attested copy of account statement from 01.11.21 to 10.04.22 of Account No: 12880100087213
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Madhu Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanu S Malakeel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ram mohan L
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.5,00,000/- along with interest.
Evidence:
Hence issue no 1 is found in favour of plaintiff.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendants are liable to pay Rs.5,35,000/- along with interest and costs.
Evidence:
1) Defendants shall pay Rs.5,35,000/- (Rupees Five lakhs thirty five thousand only) along with interest @ 12 % from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Documents & Evidence
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Produced to show that the plaintiff had sufficient funds and to support his claim of lending Rs.5,00,000/- to the defendant.
Reference:
Ext.A1
Document Type:
Bank Account statement
Submitted By:
Defendant
Relevance:
Produced to support the defendant's contention about prior loans given to the plaintiff.
Reference:
Ext.B1
Document Type:
Original account statement
Submitted By:
Unknown
Relevance:
Marked to illustrate the transactions showing the transfer of Rs.5,00,000/- from the plaintiff to the defendant.
Reference:
Ext.X1
Document Type:
Cheque transaction
Submitted By:
Unknown
Relevance:
Illustrates the specific cheque used for the transaction of Rs.5,00,000/-.
Reference:
Ext.X1(a)
Document Type:
Bank Account statement
Submitted By:
Unknown
Relevance:
Marked to show the defendant's financial activities, but not evidencing a loan to the plaintiff.
Reference:
Ext.X2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Plaintiff testified in accordance with his claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Varkey Mathew @ K V Mathew vs Peter Mathew regarding realization of money
Case Code Year
Case between Varkey Mathew @ K V Mathew vs Peter Mathew regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt