Case Summary
M/s. Mulamoottil Consumer Credits Ltd filed a suit against Omana.B and Sasi.N for the realisation of a loan amount of ₹48,839/- due to irregular repayment. The defendants did not appear in court, and the case was heard ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹48,839/- with 6% interest from the date of the suit until the date of realization from the defendants and their assets, along with the costs of this suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of ₹48,839/- with interest and the costs of the suit from the defendants. The defendants were found liable for the payment.
Why Plaintiff Won:
The evidence adduced by the plaintiff established the defendants' liability to repay the amount due, as the defendants failed to discharge their obligations.
The evidence adduced by the plaintiff established the defendants' liability to repay the amount due, as the defendants failed to discharge their obligations.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff established the defendants' liability to repay the amount due, as the defendants failed to discharge their obligations.
The evidence adduced by the plaintiff established the defendants' liability to repay the amount due, as the defendants failed to discharge their obligations.
Supporting Evidence
The oral and documentary evidence provided by PW1 proves that an amount of ₹48,839/- is due from the defendants. The documents produced by the plaintiff prove 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 ₹48,839/- (Rupees Forty-Eight Thousand Eight Hundred and Thirty-Nine 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
- Party Role
- Plaintiff
- Party Name
- Vineeth V.S
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Omana.B
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sasi. N
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Demand Promissory Note dated 27.04.2018, Hypothecation Agreement dated 27.04.2018, Statement of account, Advocate’s Notice dated 03.03.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanna Kumar Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Renjini. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover an amount of ₹48,839/- with interest.
Evidence:
The plaintiff is entitled to realize an amount of 48,839 ₹ /- (Rupees Forty-Eight Thousand Eight Hundred and Thirty-Nine only) with 6% interest from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the 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:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants on 27/04/2018 as security for the loan.
Reference:
Ext.A1
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendants on 27/04/2018 as security for the loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Certified statement showing the outstanding balance owed by the defendants.
Reference:
Ext.A3
Document Type:
Copy of the advocate’s notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants to repay the outstanding amount.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts related to the sending of the advocate's notice.
Reference:
Ext.A5 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2023