Case Summary
The plaintiff, M/S Mulamoottil Consumer Credits Limited, provided a loan to the first defendant for purchasing a scooter, which was guaranteed by the other defendants. The defendants failed to repay the loan, leading to this legal action for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹66,789 with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for recovery of a specified amount from the defendants due to their default in loan repayment.
Why Plaintiff Won:
The evidence showed the defendants had defaulted on their loan obligations.
The evidence showed the defendants had defaulted on their loan obligations.
Losing Side's Weaknesses:
The evidence showed the defendants had defaulted on their loan obligations.
The evidence showed the defendants had defaulted on their loan obligations.
Supporting Evidence
The evidence adduced on behalf of the plaintiff remains unchallenged.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount 66,789 (Rupees Sixty-Six Thousand Seven Hundred Eighty-Nine Only) with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants 1 to 3 and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S Mulamoottil Consumer Credits Limited
- Party Role
- Defendant
- Party Name
- Shajahan
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shemeera
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Subaida Beevi
- Party Age
- 73
- Relation
- W/o
Plaintiffs Documents
Certified copy of the Power of Attorney, Original demand promissory note, Original agreement of hire purchase, Original Revival letter, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount due from the defendants.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount 66,789 (Rupees Sixty-Six Thousand Seven Hundred Eighty-Nine Only) with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants 1 to 3 and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendants 1 to 3 and their assets.
Documents & Evidence
Document Type:
Certified copy of the Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document validates the authority of the plaintiff's representative in the suit.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note evidences the defendants' obligation to repay the loan amount.
Reference:
Ext.A2
Document Type:
Original Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the hire purchase contract between the parties.
Reference:
Ext.A3
Document Type:
Original revival letter
Submitted By:
Plaintiff
Relevance:
This letter revives the obligations under the hire purchase agreement.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the financial transactions and outstanding balance owed by the defendants.
Reference:
Ext.A5
Document Type:
Copy of the Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice was purportedly sent to the defendants concerning the outstanding payments.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts prove that the notice was sent to the defendants.
Reference:
Ext.A7 series
Document Type:
Original returned Acknowledgment cards
Submitted By:
Plaintiff
Relevance:
These cards confirm the defendants received the correspondence.
Reference:
Ext.A8 series
Document Type:
Certified copy of the Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document verifies the authority of the plaintiff's representative in legal proceedings.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024