Case Summary
The plaintiff is a society promoting welfare activities that provided a loan to the first defendant for business purposes. The defendants failed to repay the loan, leading the plaintiff to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹57,471 with 6% interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendants to repay the outstanding loan amount with interest. The defendants were also directed to pay the costs incurred by the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved the borrower's receipt of the loan and defendants' failure to repay.
The plaintiff successfully proved the borrower's receipt of the loan and defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff successfully proved the borrower's receipt of the loan and defendants' failure to repay.
The plaintiff successfully proved the borrower's receipt of the loan and defendants' failure to repay.
Supporting Evidence
Availing of loan from the plaintiff society by the 1st defendant as borrower and the defendants no.2 to 4 as sureties is found established by the oral evidence of PW1 and corroborated by the documentary evidence produced by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants no.1, 2, 3 and 4 to pay to the plaintiff the sum of 57,471₹ /- with interest thereon at the rate of 6% per annum for the principal amount of 50,000₹ /- from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Defendant
- Party Name
- Shajimon E B
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileep E J
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Simimol M M
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Aradhana P S
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Loan Application, Promissory Note, Agreement, Lawyer's notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rayin K R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the loan amount with interest.
Evidence:
The plaintiff is entitled to realise an amount of 57,471₹ /- with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants no.1 to 4.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Shows the application for the loan amount of 50,000₹.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Jointly executed promissory note by the defendants promising to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed by the defendants at the time of availing the loan.
Reference:
Ext.A3
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Consent letter mentioned in the context of the loan agreement.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing an outstanding amount due.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to defendants demanding repayment of the outstanding loan amount.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts confirming the sending of the lawyer's notice.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Cards confirming receipt of the lawyer's notice by the defendants.
Reference:
Ext.A8
Document Type:
Returned Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Returned notice indicating that it was not accepted by one of the defendants.
Reference:
Ext.A9
Document Type:
Bye Law of Plaintiff's Society
Submitted By:
Plaintiff
Relevance:
Bye-law document of the society that established the legal standing of the plaintiff.
Reference:
Ext.A10
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Letter showing that PW1 was authorized to represent the plaintiff society.
Reference:
Ext.A16
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Self Employers Service Society vs Shajimon E B et al regarding realisation of money.
Case Code Year
Case between Self Employers Service Society vs Shajimon E B et al regarding realisation of money.