Case Summary
The plaintiff, M/s. Malabar Chit Funds Pvt. Ltd, is seeking to recover money from the defendants who failed to repay their dues from a chitty auction. The defendants defaulted on their payment obligations, leading to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 1,32,150/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendants to pay a total of Rs. 1,32,150/- along with interest and costs.
Why Plaintiff Won:
The plaint claim of borrowal of the amount, the default of the payments is proved.
The plaint claim of borrowal of the amount, the default of the payments is proved.
Losing Side's Weaknesses:
The plaint claim of borrowal of the amount, the default of the payments is proved.
The plaint claim of borrowal of the amount, the default of the payments is proved.
Supporting Evidence
The claim of the plaintiff that he is entitled to get an interest at the rate of 18% per annum cannot be entertained as it is exorbitant.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendants are directed to pay Rs. 1,32,150/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Malabar Chit Funds Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Beerakutty. M. T
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Habeeb Rahman. K. K
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anees. P. P
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Kacheet executed by defendants, Payment Voucher, Pronote, Statement of account, Extract of minutes and agenda of resolution.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Arif K. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Swathi Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay Rs. 1,32,150/- to the plaintiff jointly and severally.
Evidence:
The suit is decreed as follows: The defendants are directed to pay Rs. 1,32,150/- to the plaintiff jointly and severally with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are also directed to pay jointly and severally the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Chitty Agreement
Submitted By:
Plaintiff
Relevance:
These documents were critical in proving the plaintiff's claim regarding the borrowal and default of payments by the defendants.
Reference:
Exts.A1 to A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Malabar Chit Funds Pvt. Ltd vs Beerakutty. M. T et al regarding realization of money
Case Code Year
Case between M/s. Malabar Chit Funds Pvt. Ltd vs Beerakutty. M. T et al regarding realization of money