Case Summary
The plaintiff, M/s. Mulamoottil Consumer Credits Limited, filed a suit against the defendants for the recovery of a loan amount. The defendants failed to repay the loan even after receiving demands, leading to the suit for realization of money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹1,04,682/- with 6% interest and recover the costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ruling that the defendants must pay the amount due under the loan agreement. The plaintiff is entitled to realization of the debt along with interest.
Why Plaintiff Won:
The evidence adduced by the plaintiff was unchallenged, establishing the defendants' liability to pay the amount due.
The evidence adduced by the plaintiff was unchallenged, establishing the defendants' liability to pay the amount due.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was unchallenged, establishing the defendants' liability to pay the amount due.
The evidence adduced by the plaintiff was unchallenged, establishing the defendants' liability to pay the amount due.
Supporting Evidence
The documents produced by the plaintiff demonstrate that the defendants are liable to pay this amount. There is nothing on record to show that the defendants have discharged their liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: - (a)The plaintiff is entitled to realise an amount of ₹1,04,682/- (Rupees One Lakh Four Thousand Six Hundred and Eighty-Two only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Mulamoottil Consumer Credits Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shibu Thomas
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas Geevarghese
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aliyamma
- Party Age
- 67
- Relation
- W/o
Plaintiffs Documents
Certified Copy of the Power of Attorney, Original demand promissory note, Original hire Purchase agreement, Statement of account, Copy of the advocate’s notice, Postal receipts (3 Nos), Acknowledgment Card, Original unserved notices (2 Nos)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha. G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested to recover an amount of ₹1,04,682/- with interest from the defendants
Evidence:
The plaintiff is entitled to realise an amount of ₹1,04,682/- (Rupees One Lakh Four Thousand Six Hundred and Eighty-Two only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff sought costs for the suit from the defendants
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy authorizing the representative to act on behalf of the plaintiff
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original note executed by the defendants as security for the loan
Reference:
Ext.A2
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement outlining the terms of the loan
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified statement of dues as per the accounts maintained by the plaintiff
Reference:
Ext.A4
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice demanding repayment from the defendants
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts confirming the dispatch of the advocate's notice
Reference:
Ext.A6 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the advocate's notice
Reference:
Ext.A7
Document Type:
Unserved Notices
Submitted By:
Plaintiff
Relevance:
Original notices which were unserved for the defendants
Reference:
Ext.A8 series
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
OS.NO.
Case Code Year
2022