Case Summary
M/S. Mulamoottil Consumer Credits Ltd. is seeking to recover a loan amount from the defendants due to their failure to repay. The case was heard ex-parte as the defendants did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹89,846/- 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 from the defendants along with interest and costs.
Why Plaintiff Won:
The evidence adduced from the side of the plaintiff is unchallenged, demonstrating the defendants' liability.
The evidence adduced from the side of the plaintiff is unchallenged, demonstrating the defendants' liability.
Losing Side's Weaknesses:
The evidence adduced from the side of the plaintiff is unchallenged, demonstrating the defendants' liability.
The evidence adduced from the side of the plaintiff is unchallenged, demonstrating the defendants' liability.
Supporting Evidence
The oral and documentary evidence provided by PW1 proves that an amount of 89,846 ₹/- (Rupees Eighty-Nine Thousand Eight Hundred and Forty-Six only) is due from the defendants.
Judgment Evidence:
In the result; the suit is decreed as follows: - (a) The plaintiff is entitled to realize an amount of 89,846 ₹/- (Rupees Eighty-Nine Thousand Eight Hundred and Forty-Six 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
- Defendant
- Party Name
- Remya.S
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Syamnath
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note, Original Hypothecation Agreement, Statement of account, Advocate Notice, Postal receipts (2 Nos), Acknowledgment card, Returned Advocate notice, Certified copy of Power of Attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sindhu G.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Barisha Beegum
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹89,846/- with interest.
Evidence:
The suit is decreed as follows: - (a) The plaintiff is entitled to realize an amount of 89,846 ₹/- (Rupees Eighty-Nine Thousand Eight Hundred and Forty-Six 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 also entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
The suit is decreed as follows: - (b) The plaintiff is also entitled to realise the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original Promissory Note dated 12/07/2017 signed by the defendants.
Reference:
Ext.A1
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original Hypothecation Agreement dated 12/07/2017 executed by the defendants.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account certified under the Bankers' Book Evidence Act.
Reference:
Ext.A3
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of the Advocate Notice dated 07/10/2022.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts (2 in number) related to the notices sent.
Reference:
Ext.A5 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the notices sent.
Reference:
Ext.A6
Document Type:
Returned Advocate Notice
Submitted By:
Plaintiff
Relevance:
Returned Advocate notice indicating non-service.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney.
Reference:
Ext.A8
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
OS.NO.
Case Code Year
2022