Case Summary
Johnson Samuel, a businessman, filed a suit against Ambujakshan and Baby for recovering a loan of Rs. 4,00,000 extended for Anjusha's marriage. The defendants failed to repay the loan as agreed and disputed the allegations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs. 4,29,000 with interest @ 6% per annum from the date of the suit till payment or realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay Rs. 4,29,000 along with interest. It found the plaintiff's claims credible despite the defendants' denials.
Why Plaintiff Won:
The plaintiff's evidence was consistent and credible, establishing the transaction.
The plaintiff's evidence was consistent and credible, establishing the transaction.
Losing Side's Weaknesses:
The plaintiff's evidence was consistent and credible, establishing the transaction.
The plaintiff's evidence was consistent and credible, establishing the transaction.
Supporting Evidence
The execution of Ext A1 promissory note and the transaction as consideration for execution is proved to the satisfaction of this court. Thus, the point is found in favor of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows. 1) Defendant shall pay Rs. 4,29,000/- with interest @ 6% per annum from the date of the suit till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johnson Samuel
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambujakshan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baby
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Demand promissory note executed by the defendants in favour of the plaintiff, copy of the lawyer notice issued to the defendants, track record details of the postal department pertaining to delivery of notice on the 1st defendant, track record details of the postal department pertaining to delivery of notice on the 2nd defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sushanth Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Premjith Menon S.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.J.Stephen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- D.Maneksha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Cherian Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for recovery of Rs. 4,29,000 with interest.
Evidence:
In the result, the suit is decreed as follows. Defendant shall pay Rs. 4,29,000/- with interest @ 6% per annum from the date of the suit till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notification issued to the defendants regarding the loan repayment.
Reference:
Ext.A2
Document Type:
Track record details of postal department
Submitted By:
Plaintiff
Relevance:
Pertains to delivery of notice on the 1st defendant.
Reference:
Ext.A3
Document Type:
Track record details of postal department
Submitted By:
Plaintiff
Relevance:
Pertains to delivery of notice on the 2nd defendant.
Reference:
Ext.A4
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 Johnson Samuel vs Ambujakshan et al regarding recovery of money
Case Code Year
Case between Johnson Samuel vs Ambujakshan et al regarding recovery of money