Case Summary
The plaintiff, M/s Mulamoottil Consumer Credits Ltd., is seeking recovery of Rs.1,18,851/- from the defendants for a loan sanctioned as part of a hire purchase agreement. The defendants did not respond or appear in court, leading to a default judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,18,851/- from the defendants and their assets along with 18% interest per annum and future interest.
Case Type
Civil Suit
Final Judgment
No
The plaintiff is entitled to recover the amount of Rs.1,18,851/- along with interest and costs from the defendants. The court decreed in favor of the plaintiff due to the defendants' failure to respond.
Why Plaintiff Won:
The defendants were set ex parte and did not present any defense against the plaintiff's substantial evidence.
The defendants were set ex parte and did not present any defense against the plaintiff's substantial evidence.
Losing Side's Weaknesses:
The defendants were set ex parte and did not present any defense against the plaintiff's substantial evidence.
The defendants were set ex parte and did not present any defense against the plaintiff's substantial evidence.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
Therefore, plaintiff is entitled to realise ₹1,18,851/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Ashok Kumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.R.Sarojini
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.P. Jayaprakash
- Party Age
- 77
- Relation
- S/o
Plaintiffs Documents
Power of Attorney dated 30/11/2017, Original Promissory Note dated 03/05/2017, Agreement of Hire Purchase dated 03/05/2017, Revival Letter dated 01/06/2018, Lawyer’s Notice dated 16/03/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ganesh.P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha.G.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹1,18,851/- from the defendants.
Evidence:
Therefore, plaintiff is entitled to realize ₹1,18,851/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 18% per annum with monthly rests till the date of decree.
Evidence:
Plaintiff is allowed to realize interest at the rate of 18% per annum with monthly rests till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize future interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is allowed to realize future interest at the rate of 6% per annum from the date of decree till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is allowed to realize the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes a representative to institute suits for the plaintiff company.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
Outlines the terms of the loan and repayment schedule.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Documentation related to the revival of the loan terms.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance due from the defendants.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served to inform the defendants of their loan default.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of important documents to defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card received by the plaintiff as acknowledgment from defendants.
Reference:
Ext.A8
Document Type:
Original Unserved Notice
Submitted By:
Plaintiff
Relevance:
Notice that was not served to the defendants.
Reference:
Ext.A9
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 Ltd. vs Ashok Kumar, K.R.Sarojini, K.P. Jayaprakash regarding recovery of money.
Case Code Year
Case between M/s Mulamoottil Consumer Credits Ltd. vs Ashok Kumar, K.R.Sarojini, K.P. Jayaprakash regarding recovery of money.