Case Summary
The plaintiff, Vaikathappan Nidhi Limited, is seeking to recover a loan amount from the defendants who defaulted on their payments. The defendants took a loan for self-employment but failed to repay as per the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff’s firm is allowed to realize the plaint claim of ₹ 51,068/- and also to realize 9% interest from the defendants and their assets.
Case Type
Original Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the claimed amount from the defendants.
Why Plaintiff Won:
The plaintiff established their case with unrebutted evidence.
The plaintiff established their case with unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff established their case with unrebutted evidence.
The plaintiff established their case with unrebutted evidence.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff’s firm, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s firm is allowed to realize the plaint claim of ₹ 51,068/- and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 30.05.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikathappan Nidhi Limited
- Relation
- represented by Managing Director C.K.Praveen
- Party Role
- Defendant
- Party Name
- Ragini M
- Party Age
- 48
- Relation
- W/o Gopi
- Party Role
- Defendant
- Party Name
- Gopi P.S
- Party Age
- 51
- Relation
- S/o Sreedharan
Plaintiffs Documents
Certified copy of resolution of Director Board meeting, Promissory note, copy of lawyer’s notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chaithanya K.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for the realization of ₹ 51,068/- from the defendants.
Evidence:
I hold that the plaintiff is entitled to the relief as prayed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff's claim for 9% interest from defendants on the amount due.
Evidence:
The plaintiff's firm is allowed to realize 9% interest from the defendants and their assets.
Documents & Evidence
Document Type:
Certified copy of resolution of Director Board meeting
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the plaintiff organization in the loan transaction.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document establishing the loan agreement between the first defendant and the plaintiff.
Reference:
Ext.A2
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Document proving that the defendants were notified about the repayment demand.
Reference:
Ext.A3
Document Type:
A/d card of 1st defendant
Submitted By:
Plaintiff
Relevance:
Evidence of the service of notice to the first defendant.
Reference:
Ext.A4
Document Type:
A/d card of 2nd defendant
Submitted By:
Plaintiff
Relevance:
Evidence of the service of notice to the second defendant.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Vaikathappan Nidhi Limited vs Ragini M et al regarding realisation of money.
Case Code Year
Case between Vaikathappan Nidhi Limited vs Ragini M et al regarding realisation of money.