Case Summary
Plaintiff company filed suit against defendants seeking recovery of loan amount along with interest and penal charges according to the loan agreement executed by defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Loan Amount with Interest and Costs
Case Type
Civil Suit - Loan Recovery
Final Judgment
No
The court decreed that the plaintiff is allowed to realize the loan amount with interest from the defendants and their assets. The plaintiff can claim the amount from the second defendant only if unable to recover from the first and third defendants.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Though the second defendant contended that he had not stood as surety to the loan availed by the first defendant and he had not executed acknowledgment debt, no evidence was adduced by the second defendant to substantiate that contention. So, the plaintiff is entitled to realize the amount as claimed in the suit from the defendants. Since there is a compromise between the plaintiff and the second defendant to effect that the plaintiff would proceed against the second defendant for realization of the decree debt only on failure to realize the amount from the first and third defendants...
Judgment Evidence:
In the result, the suit is decreed as follows:- I. Plaintiff is allowed to ... III. Plaintiff is entitled to realize the cost of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yogakshemam Loans Ltd. Valancheri
- Relation
- Represented by its Manager in Charge
- Party Role
- Defendant
- Party Name
- Hameed.P
- Party Age
- 44
- Relation
- S/o. Muhammed
- Party Role
- Defendant
- Party Name
- Santhosh.P
- Party Age
- 31
- Relation
- S/o. Gopalan
- Party Role
- Defendant
- Party Name
- V.K. Sivadasan
- Party Age
- 41
- Relation
- S/o. Krishnan Kutty Nair
Plaintiffs Documents
Agreement for Loan, Demand Promissory Note, Acknowledgment of debt, Statement of accounts
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Loan Recovery
Outcome:
Granted
Description:
Recovery of Loan Amount with Interest and Costs
Evidence:
The plaintiff is allowed to realise an amount of Rs.51,653/-(Rupees Fifty One Thousand Six Hundred and Fifty Three only) with interest at the rate of 6% per annum from the date of suit till realisation from the defendants and their assets.
Documents & Evidence
Document Type:
Agreement for Loan
Submitted By:
Plaintiff
Relevance:
Documented the terms of the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document showing promise by defendants to repay the loan amount.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document confirming liability of defendants to repay the debt.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Document showing the amount due from the defendants.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit - Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan agreement
Case Code
Case between Yogakshemam Loans Ltd. Valancheri vs Hameed.P et al regarding loan recovery
Case Code Year
Case between Yogakshemam Loans Ltd. Valancheri vs Hameed.P et al regarding loan recovery