Case Summary
Babu. E.T. is the plaintiff who lent money to the defendant, Sudarsanan. K. C., for a business investment. The defendant failed to repay the borrowed amount despite several requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,15,000/- with interest at the rate of 9 per cent from the date of suit till date of decree
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the borrowed sum with interest.
Why Plaintiff Won:
The evidence submitted by the plaintiff was unchallenged and proved the case.
The evidence submitted by the plaintiff was unchallenged and proved the case.
Losing Side's Weaknesses:
The evidence submitted by the plaintiff was unchallenged and proved the case.
The evidence submitted by the plaintiff was unchallenged and proved the case.
Supporting Evidence
The evidence of the PW1 and PW2 is unrebutted. There is nothing on record to disbelieve the same. The case of the plaintiff is proved by the unchallenged oral testimony of the PW1, PW2 and the documents tendered by them.
Judgment Evidence:
In the result, 1. The defendant hereby directed to pay a sum of Rs.2,15,000/- (Rupees Two lakhs fifteen thousand only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu. E.T.
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudarsanan. K. C
- Party Age
- 48
Plaintiffs Documents
Copy of lawyer notice, Undelivered cover
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajith. P. B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the sum of Rs.2,15,000/- with interest.
Evidence:
The defendant hereby directed to pay a sum of Rs.2,15,000/- (Rupees Two lakhs fifteen thousand only) with interest at the rate of 9 per cent from the date of suit till date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendant shall pay the cost of the proceeding to the plaintiff.
Evidence:
The defendant shall pay cost of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Submitted to prove that the plaintiff issued a registered lawyer notice demanding repayment of borrowed amount.
Reference:
Ext.A1
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Presented as evidence that the defendant willfully returned the notice as unclaimed.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Produced to substantiate the various amounts transferred to the defendant's account.
Reference:
Exhibit X1
Document Type:
Details of beneficiary account
Submitted By:
Unknown
Relevance:
Provided to verify the account transactions related to the borrowed amount.
Reference:
Exhibit X2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Babu. E.T. vs Sudarsanan. K. C regarding recovery of money
Case Code Year
Case between Babu. E.T. vs Sudarsanan. K. C regarding recovery of money