Case Summary
The plaintiff, M/s. Mulamoottil Consumer Credits Ltd, filed a suit against the defendants Basheer K.H, Smt. Sameera Basheer, and Babeer T.P for recovery of a loan amount. The case was heard ex-parte as the defendants did not appear before the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹52,760/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and proved that defendants owed the amount.
The evidence of the plaintiff was unchallenged and proved that defendants owed the amount.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and proved that defendants owed the amount.
The evidence of the plaintiff was unchallenged and proved that defendants owed the amount.
Supporting Evidence
PW1 deposed that Ext.A1 is the Hire Purchase Agreement dated 17/08/2016 and Ext.A2 is the original Demand Promissory Note dated 17/08/2016 executed by the defendants. The documents produced by the plaintiff proves 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 52,760 ₹/- (Rupees Fifty-Two Thousand Seven Hundred and Sixty 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 Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Basheer K.H
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Sameera Basheer
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babeer T.P
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Hire Purchase Agreement, Demand Promissory Note, Statement of account, Original Revival Letter, Copy of the advocate's notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan D.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeja M.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreelatha M.V.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bency M. Raj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹52,760/- with interest from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of 52,760 ₹/- (Rupees Fifty-Two Thousand Seven Hundred and Sixty 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:
The 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:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
This document was executed by the defendants as part of the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the defendants' promise to repay the loan amount.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the total outstanding balance owed by the defendants.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendants' liability to repay the loan amount.
Reference:
Ext.A4
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
This document is a formal notice to the defendants requesting repayment of the loan.
Reference:
Ext.A5
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
2021