Case Summary
The plaintiff, M/S. Mulamoottil Consumer Credits Limited, is suing the defendants for recovery of a loan amount of ₹63,452/- for a motorcycle purchase. The defendants have failed to repay the loan despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹63,452/- with 6% interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay ₹63,452/- along with interest and the costs of the suit.
Why Plaintiff Won:
The plaintiff proved with evidence that the loan amount was sanctioned and remains unpaid.
The plaintiff proved with evidence that the loan amount was sanctioned and remains unpaid.
Losing Side's Weaknesses:
The plaintiff proved with evidence that the loan amount was sanctioned and remains unpaid.
The plaintiff proved with evidence that the loan amount was sanctioned and remains unpaid.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹63,452/- (Rupees Sixty-Three Thousand and Four Hundred and Fifty-Two only) due from the defendants 1 to 4. The documents produced by the plaintiff show that the defendants 1 to 4 are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realise an amount of ₹63,452/- (Rupees Sixty Three Thousand and Four Hundred and Fifty Two only) with 6% interest from the date of the suit, till date of realisation from the defendants 1 to 4 and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S. Mulamoottil Consumer Credits Limited
- Party Role
- Plaintiff
- Party Name
- Vineeth.V.S
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu. R
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhashini
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shaji. R
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajitha
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Original Agreement of Hypothecation, Demand Promissory Note, Copy of the statement of account, Copy of the lawyer’s notice, Copy of the Power of Attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sheeja M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreelatha M.V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Bency M. Raj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹63,452/- from the defendants with interest.
Evidence:
The plaintiff is entitled to realise an amount of 63,452₹ (Rupees Sixty Three Thousand and Four Hundred and Fifty Two only) with 6% interest from the date of the suit, till date of realisation from the defendants 1 to 4 and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of this suit from the defendants 1 to 4 and their assets.
Documents & Evidence
Document Type:
Original agreement of hypothecation
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the hire purchase agreement for the loan provided to the first defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note obligates the defendants to pay the specified amount to the plaintiff on demand.
Reference:
Ext.A2
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amount due from the defendants to the plaintiff.
Reference:
Ext.A3
Document Type:
Copy of the lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendants requesting repayment of the outstanding loan amount.
Reference:
Ext.A4
Document Type:
Copy of the Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes PW1 to act on behalf of the plaintiff in this court case.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2019