Case Summary
The plaintiff, Feroke Nidhi Limited, filed a suit against the defendant, Somesh, for non-repayment of a loan. The defendant borrowed Rs.20,000/- and defaulted on the repayment despite repeated opportunities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall realize Rs 20,000/- with interest at the rate of 9 per cent and future interest at the rate of 6 per cent.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, allowing the plaintiff to recover the principal amount along with reduced interest. The defendant is also ordered to pay costs of the proceedings.
Why Plaintiff Won:
The plaintiff provided unchallenged testimony and evidence supporting their claims.
The plaintiff provided unchallenged testimony and evidence supporting their claims.
Losing Side's Weaknesses:
The plaintiff provided unchallenged testimony and evidence supporting their claims.
The plaintiff provided unchallenged testimony and evidence supporting their claims.
Supporting Evidence
The case of the plaintiff that the defendant had borrowed Rs.20,000/- from them and executed agreement is proved by the unchallenged testimony of the PW1 and the documents tendered in evidence.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs 20,000/- (Rupees Twenty thousand only) from the defendant with interest at the rate of 9 per cent from 20.09.2022 till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Feroke Nidhi Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Somesh
- Party Age
- 45
Plaintiffs Documents
Loan application dated 20.09.2022, Demand promissory Note dated 20.09.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreelekha P.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Maheswaran V.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshara Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.20,000/- from the defendant with interest.
Evidence:
The plaintiff shall be entitled to realize Rs 20,000/- (Rupees Twenty thousand only) from the defendant with interest at the rate of 9 per cent from 20.09.2022 till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the defendant borrowed Rs.20,000/- from the plaintiff.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms under which the defendant agreed to repay the borrowed amount.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Feroke Nidhi Limited vs Somesh regarding realization of money
Case Code Year
Case between Feroke Nidhi Limited vs Somesh regarding realization of money