Case Summary
The plaintiff, M/S Mulamoottil Consumer Credits Ltd, engaged in hire purchase, sanctioned a loan to the first defendant, who defaulted on repayments. The court found in favor of the plaintiff as the defendants were ex parte and had not contested the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.41,266/- with 6% interest from the date of suit till the date of realization and cost of the suit from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting them the amount owed along with interest.
Why Plaintiff Won:
The court found that the plaintiff had established its case warranting the grant of relief sought for.
The court found that the plaintiff had established its case warranting the grant of relief sought for.
Losing Side's Weaknesses:
The court found that the plaintiff had established its case warranting the grant of relief sought for.
The court found that the plaintiff had established its case warranting the grant of relief sought for.
Supporting Evidence
The plaintiff had established its case warranting the grant of relief sought for and it is entitled to a decree to realise the amount from the defendants.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.41,266/- (Rupees Forty one thousand two hundred and sixty six only) with 6% interest from the date of suit till the date of realisation and cost of the suit 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
- Gireesh Nath
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarimol. I.S
- Party Age
- 31
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santhosh. S
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Demand Promissory Note, Agreement of Hypothecation, Copy of the Statement of Account, Copy of Advocate Notice, Postal Registration Slips, Acknowledgment Cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasannakumar Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Renjini. N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount with interest.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.41,266/- (Rupees Forty one thousand two hundred and sixty six only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence establishing the plaintiff's case for loan recovery.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence to support the loan agreement between the parties.
Reference:
Ext.A2
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
This document showed the record of payments and defaults by the defendants.
Reference:
Ext.A3
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document was evidence of the formal demand for repayment made to the defendants.
Reference:
Ext.A4
Document Type:
Postal Registration Slips
Submitted By:
Plaintiff
Relevance:
This document provided proof of sending the demand notice to the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
This document served as evidence of the defendants acknowledging receipt of the letters sent.
Reference:
Ext.A6
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 Gireesh Nath et al regarding realization of money
Case Code Year
Case between M/S Mulamoottil Consumer Credits Ltd vs Gireesh Nath et al regarding realization of money