Case Summary
The plaintiff, Self Employers Service Society, sanctioned a loan to the 1st defendant, Thahira Basheer, with sureties from the other defendants. The defendants defaulted on repayment, leading the plaintiff to file this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay the sum of 90,314/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount.
Why Plaintiff Won:
The plaintiff established their case with clear evidence of the loan and the subsequent default by the defendants.
The plaintiff established their case with clear evidence of the loan and the subsequent default by the defendants.
Losing Side's Weaknesses:
The plaintiff established their case with clear evidence of the loan and the subsequent default by the defendants.
The plaintiff established their case with clear evidence of the loan and the subsequent default by the defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; It is ordered that the defendants to pay to the plaintiff the sum of 90,314/- with interest thereon at the rate of 6% per annum for the principal amount of 60,000/- from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Service Society
- Party Role
- Defendant
- Party Name
- Thahira Basheer
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bennykumar A.S
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayaprakash K P
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shihab O I
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
True Extract of the minutes of the meeting, Authorization Letter, Loan Application, Demand Promissory Note.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Manu J Varappally
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Simeon Abraham Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Hyma Baby
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jack Augustine
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordered defendants to pay the sum of 90,314/- with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of 90,314/- (Rupees ninety thousand three hundred and fourteen only) with interest thereon at the rate of 6% per annum for the principal amount of 60,000/- (Rupees sixty thousand only) from the date of decree till its realization.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to realize the costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
True extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Presented to establish the authority and legitimacy of the plaintiff society.
Reference:
Ext.A1
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Provided authorization for the representative to act on behalf of the plaintiff.
Reference:
Ext.A2
Document Type:
The true extract of the minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Demonstrated the decision-making process of the society regarding the loan.
Reference:
Ext.A3
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Further proof of the authorization of the member to represent the plaintiff in court.
Reference:
Ext.A4
Document Type:
Bye law of the society
Submitted By:
Plaintiff
Relevance:
Established the operational framework of the society.
Reference:
Ext.A5
Document Type:
Photocopy of registration certificate
Submitted By:
Plaintiff
Relevance:
Confirms the legal status of the plaintiff society.
Reference:
Ext.A6
Document Type:
Letter issued by District Registrar, Kottayam
Submitted By:
Plaintiff
Relevance:
Validates the plaintiff's standing as a registered entity.
Reference:
Ext.A7
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Served as evidence of the loan request made by the first defendant.
Reference:
Ext.A8
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Essential for establishing the financial obligation of the defendants.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Outlined the terms of the loan agreement.
Reference:
Ext.A10
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
Indicates acceptance of the loan terms by the defendants.
Reference:
Ext.A11
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Provided legal notification of the outstanding debts.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Served as proof of sending the legal notice to the defendants.
Reference:
Ext.A13
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Indicates acknowledgment of receipt of the notice by the defendants.
Reference:
Ext.A14
Document Type:
Computer print out of original data of accounts
Submitted By:
Plaintiff
Relevance:
Demonstrated the outstanding loan amount as of the specified date.
Reference:
Ext.A15
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Self Employers Service Society vs Thahira Basheer et al regarding Suit for realisation of money.
Case Code Year
Case between Self Employers Service Society vs Thahira Basheer et al regarding Suit for realisation of money.