Case Summary
The plaintiff, M/S. Mulamoottil Consumer Credits Limited, is seeking to recover a loan amount from the defendants, Varghese and Sini Joy. The defendants failed to repay the loan taken for purchasing a vehicle, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹87,500 with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the owed amount along with interest from the defendants. The defendants failed to contest the suit, leading to an ex-parte decision.
Why Plaintiff Won:
The plaintiff provided sufficient documentation and evidence proving the defendants' liability for the loan amount.
The plaintiff provided sufficient documentation and evidence proving the defendants' liability for the loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient documentation and evidence proving the defendants' liability for the loan amount.
The plaintiff provided sufficient documentation and evidence proving the defendants' liability for the loan amount.
Supporting Evidence
The oral and documentary evidence provided by PW1 proves that an amount of 87,500₹/- (Rupees Eighty-Seven Thousand and Five Hundred only) is due from the defendants. The documents produced by the plaintiff demonstrate that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of ₹87,500 (Rupees Eighty-Seven Thousand Five Hundred 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
- Party Role
- Defendant
- Party Name
- Varghese
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sini Joy
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Certified Copy of the Power of Attorney, Original Demand Promissory Note, Original Hypothecation Agreement, 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:
Plaintiff is entitled to recover ₹87,500 with interest
Evidence:
the plaintiff is entitled to realize an amount of ₹87,500 (Rupees Eighty-Seven Thousand Five Hundred only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendants
Evidence:
The plaintiff is also entitled to realise 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 Vineeth.V.S to represent the plaintiff
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original document executed by the defendants for borrowing ₹85,000
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement securing the loan of ₹1,18,150
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Original letter dated 07/12/2021 related to the loan
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified statement showing outstanding payment of ₹87,500
Reference:
Ext.A5
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued to the defendants demanding repayment
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Two postal receipts related to the notice
Reference:
Ext.A7 series
Document Type:
Unserved Notices
Submitted By:
Plaintiff
Relevance:
Two original notices that were returned unserved
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
2023