Case Summary
M/S. Mulamoottil Consumer Credits Limited filed a suit against Padmavathy and Sugathan for recovery of a loan amount due. The defendants failed to respond and were set ex parte, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹86,214/- from the defendants and their assets, along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover ₹86,214 along with interest and costs.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
The evidence presented by the plaintiff was unchallenged as the defendants were set ex parte.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹86,214/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S. Mulamoottil Consumer Credits Limited.
- Party Role
- Defendant
- Party Name
- Padmavathy
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sugathan
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Original Promissory Note, Agreement of Hire Purchase, Revival Letter, Statement of Account, Advocate Notice, Postal Receipts, Original returned Acknowledgment cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Jayarekha.G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹86,214/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹86,214/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 18% per annum with monthly rests till the date of decree.
Evidence:
Therefore, plaintiff is entitled to realise interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document established the authority of the plaintiff's representative to file the suit.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
This document is a key piece of evidence regarding the loan taken by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the hire purchase agreement essential to the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This document serves to validate ongoing obligations under the hire purchase agreement.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides the financial details showing the amount owed by the defendants.
Reference:
Ext.A5
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was a formal communication reminding the defendants of their obligations.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document serves as proof of communication sent to the defendants.
Reference:
Ext.A7
Document Type:
Original returned Acknowledgment cards
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the defendants received prior communications.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between M/S. Mulamoottil Consumer Credits Limited. vs Padmavathy, Sugathan regarding recovery of money
Case Code Year
Case between M/S. Mulamoottil Consumer Credits Limited. vs Padmavathy, Sugathan regarding recovery of money