Case Summary
The plaintiff, M/s Calsun Finserve Pvt. Ltd., claims that the defendant, Shimna T.M., defaulted on a loan of Rs.10,000 taken on 22.12.2021. The plaintiff seeks recovery of the outstanding amount plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs.11,675/- to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.11,675 to the plaintiff along with interest. The suit was decreed in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff's case was proven through unchallenged documentary evidence and testimonies.
The plaintiff's case was proven through unchallenged documentary evidence and testimonies.
Losing Side's Weaknesses:
The plaintiff's case was proven through unchallenged documentary evidence and testimonies.
The plaintiff's case was proven through unchallenged documentary evidence and testimonies.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case and he is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: A) The defendant shall pay an amount of Rs.11,675/- to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Calsun Finserve Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Shimna T.M.
- Party Age
- 31
- Relation
- W/o
Plaintiffs Documents
Certificate of Incorporation, Copy of money lending licence, Extract of minutes of meeting of the Board of Directors, Loan application, Promissory Note, EMI Account Ledger, Loan account details, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Susina M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay the outstanding loan amount to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: A) The defendant shall pay an amount of Rs.11,675/- (Rupees eleven thousand six hundred and seventy five only) to the plaintiff...
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at the rate of 12% per annum from the date of suit till the date of decree and future interest at 6%.
Evidence:
with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
B) The plaintiff shall be entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Establishes the legal existence of the plaintiff company.
Reference:
Ext.A1
Document Type:
Money Lending Licence
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's authorization to lend money.
Reference:
Ext.A2
Document Type:
Extract of minutes of meeting
Submitted By:
Plaintiff
Relevance:
Demonstrates the approval of the loan by the company's Board.
Reference:
Ext.A3
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Documents the request for the loan made by the defendant.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as a formal agreement for the loan repayment.
Reference:
Ext.A5
Document Type:
EMI Account Ledger
Submitted By:
Plaintiff
Relevance:
Tracks the payment status of the loan by the defendant.
Reference:
Ext.A6
Document Type:
Loan account details
Submitted By:
Plaintiff
Relevance:
Provides detailed account information regarding the loan.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documented evidence of the legal demand for repayment sent to the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between M/s Calsun Finserve Pvt. Ltd. vs Shimna T.M. regarding realisation of money
Case Code Year
Case between M/s Calsun Finserve Pvt. Ltd. vs Shimna T.M. regarding realisation of money