Case Summary
M/S Mulamoottil Consumer Credits Ltd. filed a suit against Preshin Prasad and others for the recovery of a loan amount. The defendants defaulted on the repayment despite being served with summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,16,444/- from the defendants and their assets, interest at the rate of 18% per annum with monthly rests, future interest at the rate of 6% per annum from the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The suit was decreed with costs.
Why Plaintiff Won:
The plaintiff successfully proved the defendants owed the stated amount due to their default.
The plaintiff successfully proved the defendants owed the stated amount due to their default.
Losing Side's Weaknesses:
The plaintiff successfully proved the defendants owed the stated amount due to their default.
The plaintiff successfully proved the defendants owed the stated amount due to their default.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹1,16,444/- 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
- Preshin Prasad
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasad
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeja Prasad
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manu Mohan
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Promissory Note, Agreement of Hypothecation, Revival Letter, Statement of Accounts, Copy of Advocate Notice, Postal Receipts, Acknowledgment cards, Original unserved Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha.G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,16,444/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,16,444/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 18% per annum with monthly rests till the date of decree.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,16,444/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Future Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of power of attorney dated 30/11/2017 provided authority for the plaint.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note dated 01/08/2019 confirmed the loan agreement.
Reference:
Ext.A2
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement of hypothecation dated 01/08/2019 establishes the loan security.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival letter dated 11/01/2022 indicates continuation of loan agreement.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts shows amount due on loan.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice dated 12/03/2024 demonstrates demand for repayment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts establish communication with defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards provide proof of communications.
Reference:
Ext.A8
Document Type:
Original Unserved Notice
Submitted By:
Plaintiff
Relevance:
Original unserved notice indicates attempts to notify 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
Non-payment of rent
Case Code
Case between M/S Mulamoottil Consumer Credits Ltd. vs Preshin Prasad et al regarding recovery of money
Case Code Year
Case between M/S Mulamoottil Consumer Credits Ltd. vs Preshin Prasad et al regarding recovery of money