Case Summary
M/s Mulamoottil Consumer Credits Ltd filed a suit against Akhil.S.K, Suseelan.G, and Kavitha.S for the realisation of a loan amount due. The plaintiff claims that the defendants failed to repay the loan despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of ₹1,43,568/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, confirming that the defendants owed a total of ₹1,43,568/- plus interest for a loan. The defendants did not contest the case and were deemed liable for the amount.
Why Plaintiff Won:
The evidence and documents produced by the plaintiff clearly established the defendants' liability to repay the loan amount.
The evidence and documents produced by the plaintiff clearly established the defendants' liability to repay the loan amount.
Losing Side's Weaknesses:
The evidence and documents produced by the plaintiff clearly established the defendants' liability to repay the loan amount.
The evidence and documents produced by the plaintiff clearly established the defendants' liability to repay the loan amount.
Supporting Evidence
The oral and documentary evidence provided by PW1 establishes that an amount of ₹1,43,568/- is due from the defendants. There is nothing on record to indicate that the defendants have discharged their liability towards the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,43,568/- (Rupees One Lakh Forty-Three Thousand Five Hundred and Sixty-Eight only) with interest at the rate of 6% per annum 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 Ltd
- Party Role
- Defendant
- Party Name
- Akhil.S.K
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suseelan.G
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kavitha.S
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Certified copy of Power of Attorney, Original Promissory Note, Hypothecation agreement, True extract printout of the Statement of account, Copy of the Advocate Notice, Original Postal receipts(3 Nos.), Acknowledgment Cards (3 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Jaya Rekha G.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ramesh Kumar.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of ₹1,43,568/- along with interest.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹1,43,568/- (Rupees One Lakh Forty-Three Thousand Five Hundred and Sixty-Eight only) with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendants.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the power of attorney presented to support the plaintiff's case.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 12/03/2020 executed by the defendants as part of the loan agreement.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Hypothecation agreement dated 12/03/2020 outlining the terms of the loan secured by the defendants.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True extract printout of the statement of account certified under the Bankers Book Evidence Act to show the amount due.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate’s notice dated 19/07/2022 issued to the defendants regarding their dues.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Original postal receipts (3 Nos.) evidencing the dispatch of Ext.A5.
Reference:
Ext.A6 series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards (3 Nos.) signed by the defendants confirming receipt of the notice.
Reference:
Ext.A7 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2022