Case Summary
M/s. Max India Integrated Foundation filed a suit against Mahesh Dipu.N and Monisha Mohan for the recovery of a loan amount of Rs.77,468 which the defendants failed to repay despite multiple requests. The case concluded with the plaintiff being awarded the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay an amount of Rs. 77,468 to the plaintiff jointly and severally with interest at the rate of 17% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the amount of Rs.77,468 along with interest at the rate of 17% per annum until realization.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 77,468/- (Rupees Seventy Seven thousand Four hundred and Sixty Eight only) to the plaintiff jointly and severally with interest at the rate of 17% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Max India Integrated Foundation
- Party Role
- Defendant
- Party Name
- Mahesh Dipu.N
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Monisha Mohan
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Demand Promissory note No.4643/2023, Agreement with loan application form.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Madhukumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Molamma Manuel
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajan.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Varun Prathap.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anjali.P.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested to recover an amount due from defendants.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs. 77,468/-.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant as security for the repayment of the loan.
Reference:
Ext.A1
Document Type:
Agreement with loan application form
Submitted By:
Plaintiff
Relevance:
Documents outlining the terms of the loan and repayment agreement.
Reference:
Ext.A2
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Provides evidence of the loan account status and payment details.
Reference:
Ext.A3
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants regarding the loan repayment default.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of delivery of the lawyer's notice to the defendants.
Reference:
Ext.A5 series
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
Authorizes the representative of the plaintiff to act in the case.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024