Case Summary
Joseph Fernandez filed a suit against Bindu for the realization of a loan amounting to Rs. 3,00,000/-. The plaintiff claims that the defendant failed to repay the loan despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 3,00,000/- with 12% per annum interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, Joseph Fernandez, and he is entitled to realize Rs. 3,00,000/- with interest from the defendant.
Why Plaintiff Won:
The plaintiff successfully proved his claim with convincing evidence.
The plaintiff successfully proved his claim with convincing evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved his claim with convincing evidence.
The plaintiff successfully proved his claim with convincing evidence.
Supporting Evidence
The plaintiff has successfully proved his claim. Hence, the suit is liable to be decreed with costs, as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,00,000/- with 12% per annum from the date of execution of promissory note till realisation from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Fernandez
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Demand promissory note dated 02.04.2017, Lawyer’s notice dated 01.06.2018, Postal receipt dated 02.06.2018, Postal endorsement showing notice returned as unclaimed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. S. Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jayachandra Tilak
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 3,00,000/- along with interest from the defendant.
Evidence:
Hence, the suit is liable to be decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,00,000/- with 12% per annum from the date of execution of promissory note till realisation from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendant executed a promissory note acknowledging the receipt of Rs. 3,00,000/- and promised repayment on demand.
Reference:
Ext.A1
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff to demand repayment of the amount due under the promissory note.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of mailing the lawyer's notice to the defendant.
Reference:
Ext.A3
Document Type:
Postal endorsement
Submitted By:
Plaintiff
Relevance:
Indicates that the notice sent to the defendant was returned as unclaimed.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Joseph Fernandez vs Bindu regarding realization of money
Case Code Year
Case between Joseph Fernandez vs Bindu regarding realization of money