Case Summary
This case involves a suit for the recovery of a loan taken by the defendants from the plaintiff, a licensed money lender. The defendants defaulted on the loan repayments and ceased communication, leading the plaintiff to seek a decree for the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.1,55,783 from the defendants and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff and ordered the defendants to pay the outstanding loan amount along with reduced interest rates. The plaintiff's claim was established through evidence.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to support the claim and proved the defendants' default in repayment.
The plaintiff provided sufficient evidence to support the claim and proved the defendants' default in repayment.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to support the claim and proved the defendants' default in repayment.
The plaintiff provided sufficient evidence to support the claim and proved the defendants' default in repayment.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A2, A5 and A8 to A14 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,55,783 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reji Mathew
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Arun C.P.
- Party Age
- 38
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nazer P.A.
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Laiju Nazeer
- Relation
- W/o
Plaintiffs Documents
Original power of attorney, Original money lending license, Original promissory note, Copy of lawyer's notice, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas M. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V. Mangala
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malleenathan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Sahil P.M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree for the recovery of Rs.1,55,783/- due as on 30.07.2024.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,55,783/- (Rupees one lakh fifty five thousand seven hundred and eighty three only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest awarded at 12% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,55,783/- (Rupees one lakh fifty five thousand seven hundred and eighty three only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest awarded at 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,55,783/- (Rupees one lakh fifty five thousand seven hundred and eighty three only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be realized from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney dated 19.12.2022 establishing the authority of the plaintiff's representative.
Reference:
Ext.A1
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
Original money lending license dated 21.06.2024 establishing plaintiff's legality as a money lender.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 24.04.2024 which represents the loan agreement between the parties.
Reference:
Ext.A5
Document Type:
Ledger Account Printout
Submitted By:
Plaintiff
Relevance:
Printout of ledger account maintained by plaintiff along with certification, showing transactions between the plaintiff and defendants.
Reference:
Ext.A8
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 08.07.2024 sent to the defendants seeking repayment.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts to demonstrate the sending of the notice to the defendants.
Reference:
Ext.A10 series
Document Type:
Returned Postal Covers
Submitted By:
Plaintiff
Relevance:
Original returned postal cover of defendant No. 1, indicating that the notice was unclaimed.
Reference:
Ext.A11
Document Type:
Returned Postal Covers
Submitted By:
Plaintiff
Relevance:
Original returned postal cover of defendant No. 2, indicating that the notice was unclaimed.
Reference:
Ext.A12
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover unclaimed addressed to defendant No. 1.
Reference:
Ext.A13
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover unclaimed addressed to defendant No. 2.
Reference:
Ext.A14
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 Reji Mathew vs Nazer P.A. et al regarding realization of money.
Case Code Year
Case between Reji Mathew vs Nazer P.A. et al regarding realization of money.