Case Summary
M/s.Mulamoottil Consumers Credits Ltd. filed a suit against Kumar A and Mayadevi N R for the realization of a loan amount due to the plaintiff. The defendants defaulted on repayment despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.35,217/- with 6% interest from the date of suit till the date of realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realize the outstanding loan amount from the defendants with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought based on uncontroverted testimony and marked documents.
The plaintiff established its case warranting the grant of relief sought based on uncontroverted testimony and marked documents.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought based on uncontroverted testimony and marked documents.
The plaintiff established its case warranting the grant of relief sought based on uncontroverted testimony and marked documents.
Supporting Evidence
Considering the facts and circumstances of the case, I am of the view that...the plaintiff had established its case warranting the grant of relief sought for and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.35,217/- with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants both jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Mulamoottil Consumers Credits Ltd.
- Party Role
- Defendant
- Party Name
- Kumar A
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mayadevi N R
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Original Agreement of Hire Purchase, Original Demand Promissory Note, Statement of Account, Original Revival Letter, Copy of Lawyer’s Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreelatha M V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeja M S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bency M Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. A I Sambhunath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the amount due from the defendants.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.35,217/- (Rupees Thirty five thousand two hundred and seventeen only) with 6% interest from the date of suit till the date of realisation.
Documents & Evidence
Document Type:
Original Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
Evidence establishing the terms of the loan given to the defendants.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the defendants' obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Evidence detailing the amount due from the defendants.
Reference:
Ext.A3
Document Type:
Original revival letter
Submitted By:
Plaintiff
Relevance:
Evidence of the defendants acknowledging the outstanding loan.
Reference:
Ext.A4
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Evidence of the legal demand for repayment made to the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between M/s.Mulamoottil Consumers Credits Ltd. vs Kumar A et al regarding realisation of money.
Case Code Year
Case between M/s.Mulamoottil Consumers Credits Ltd. vs Kumar A et al regarding realisation of money.