Case Summary
M/s Mulamoottil Consumer Credits Ltd. filed a suit for recovery of money against Mallika and Sreekantan Nair due to default in repayment of a loan. The defendant did not appear in court, and the case proceeded ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹94,534/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the sum of ₹94,534/- along with interest and costs. The defendants were held liable for the amount due to non-repayment.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged due to the defendants being set ex parte.
The evidence of the plaintiff was unchallenged due to the defendants being set ex parte.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged due to the defendants being set ex parte.
The evidence of the plaintiff was unchallenged due to the defendants being set ex parte.
Supporting Evidence
PW1 further deposed that the in spite of repeated requests and demands, the defendants did not care to make due payments to the loan account.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹94,534/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Mallika
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreekantan Nair
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note dated 09/03/2017, Agreement of Hire Purchase dated 09/03/2017, Statement of Account, Copy of Advocate Notice dated 01/11/2019, Copy of Power of Attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Madhu Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Molamma Manuel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹94,534/- from the defendant and his assets.
Evidence:
Therefore, the plaintiff is entitled to realize ₹94,534/- with interest at the rate of 10.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 10.5% per annum with monthly rests till the date of decree.
Evidence:
Plaintiff is allowed to realize interest at the rate of 10.5% 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:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realize the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original promissory note dated 09/03/2017 evidences the loan agreement.
Reference:
Ext.A1
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
The agreement of hire purchase dated 09/03/2017 outlines the terms of the loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of accounts shows the amount due on the loan.
Reference:
Ext.A3
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 01/11/2019 was sent to the defendants regarding the loan default.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney allows Vineeth.V.S. to act on behalf of the plaintiff company.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
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 Mallika et al regarding recovery of money
Case Code Year
Case between M/s Mulamoottil Consumer Credits Ltd. vs Mallika et al regarding recovery of money