Case Summary
Kamal Finance, represented by Hemalatha and Ramachandran, is seeking repayment from the defendant, Athira U. R, for a loan default. The defendant had undertaken to repay the loan but failed to do so, prompting the plaintiff to file the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.89,257/- with interest at 7% till decree and 6% till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay the outstanding amount along with interest and costs.
Why Plaintiff Won:
The plaint claim of borrowal of the amount and the default of the payments is proved.
The plaint claim of borrowal of the amount and the default of the payments is proved.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A4.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendant is directed to pay Rs.89,257/-(Rupees Eighty Nine Thousand Two Hundred and Fifty Seven) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kamal Finance
- Party Role
- Plaintiff
- Party Name
- Hemalatha
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Ramachandran
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Athira U. R
- Party Age
- 30
- Relation
- D/o
Plaintiffs Documents
Original cheque bearing No. 013642 of Rs. 89,257/-, Cheque return memo, Copy of lawyer notice, Postal receipt, Undelivered cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Praveen Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gaya Girish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.89,257/- to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Evidence:
In the result, the suit is decreed as follows: 1.The defendant is directed to pay Rs.89,257/-(Rupees Eighty Nine Thousand Two Hundred and Fifty Seven) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is also directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque bearing No. 013642 of Rs. 89,257/- of The Kozhikode District Co-operative Bank ltd, Meppayur Branch, Kozhikode.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Court
Relevance:
Cheque return memo dated 28.11.2024.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued to the defendant on 01.02.2025.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice.
Reference:
Ext.A3(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Undelivered cover referring to the lawyer notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kamal Finance vs Athira U. R regarding realisation of money
Case Code Year
Case between Kamal Finance vs Athira U. R regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour