Case Summary
M/s Calsun Finserve Pvt. Ltd. is the plaintiff company that provided a loan of Rs.10,000 to the defendant Shobhana P., who failed to repay the loan amount. The case involves the plaintiff seeking the recovery of the overdue amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs. 11,785/- with interest at the rate of 12% p.a from the date of the suit till the date of the decree and future interest at the rate of 6% from the date of decree till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff successfully proved its case based on the evidence and the default in repayment by the defendant.
The plaintiff successfully proved its case based on the evidence and the default in repayment by the defendant.
Losing Side's Weaknesses:
The plaintiff successfully proved its case based on the evidence and the default in repayment by the defendant.
The plaintiff successfully proved its case based on the evidence and the default in repayment by the defendant.
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. 11,785/- (Rupees Eleven Thousand Seven hundred and Eighty Five only) to the plaintiff with interest at the rate of 12% p.a 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Calsun Finserve Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Shobhana P.
- Party Age
- 41
- Relation
- D/o
Plaintiffs Documents
Certificate of Incorporation, Money lending license, Extract of minutes of meeting, Loan application form, Promissory note, EMI Account ledger, Loan account details, Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Susina M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendant to pay the outstanding loan amount with interest.
Evidence:
In the result, the suit is decreed as follows: A) The defendant shall pay an amount of Rs. 11,785/- (Rupees Eleven Thousand Seven hundred and Eighty Five only) to the plaintiff with interest at the rate of 12% p.a from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Established the legal identity of the plaintiff company.
Reference:
Ext.A1
Document Type:
Money lending license
Submitted By:
Plaintiff
Relevance:
Confirmed the plaintiff's authority to lend money under the Kerala Money Lenders Act.
Reference:
Ext.A2
Document Type:
Extract of minutes
Submitted By:
Plaintiff
Relevance:
Provided details on the decision-making of the Board regarding loan processing.
Reference:
Ext.A3
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
Documented the loan request made by the defendant.
Reference:
Ext.A4
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Formally documented the defendant's obligation to repay the loan.
Reference:
Ext.A5
Document Type:
EMI Account Ledger
Submitted By:
Plaintiff
Relevance:
Detailed the repayment history and outstanding amount of the loan.
Reference:
Ext.A6
Document Type:
Loan account details
Submitted By:
Plaintiff
Relevance:
Summarized the financial dealings between the plaintiff and the defendant.
Reference:
Ext.A7
Document Type:
Certificate under Rule 19
Submitted By:
Plaintiff
Relevance:
Certified adherence to regulatory requirements in lending.
Reference:
Ext.A7(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Formal communication demanding loan repayment from the defendant.
Reference:
Ext.A8
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Indicated the failed delivery of legal notice to the defendant.
Reference:
Ext.A9 (Series)
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 rent
Case Code
Case between M/s Calsun Finserve Pvt. Ltd. vs Shobhana P. regarding realisation of money
Case Code Year
Case between M/s Calsun Finserve Pvt. Ltd. vs Shobhana P. regarding realisation of money