Case Summary
The plaintiff, Mulamoottil Consumer Credits Ltd., is seeking to recover a loan amount of ₹1,08,224/- from the first defendant, Sanoj.K.K, who failed to repay the loan. The second defendant, Kuttappan.K.P, is deceased and the first defendant was set ex parte for not responding to the summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,08,224/- with interest at the rate of 15.5% per annum and costs from the first defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the claimed amount along with interest and costs. The first defendant was found liable for the repayment due to his failure to respond to the legal proceedings.
Why Plaintiff Won:
The plaintiff proved the debt through unchallenged evidence, as the first defendant did not contest the case.
The plaintiff proved the debt through unchallenged evidence, as the first defendant did not contest the case.
Losing Side's Weaknesses:
The plaintiff proved the debt through unchallenged evidence, as the first defendant did not contest the case.
The plaintiff proved the debt through unchallenged evidence, as the first defendant did not contest the case.
Supporting Evidence
From the available evidences, it is proved that the plaintiff is entitled for a decree for realization of the plaint amount with interest.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,08,224/- from the 1st defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ms/ Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Sanoj.K.K
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kuttappan.K.P
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Original promissory note, Agreement of hypothecation, Statement of accounts, Lawyer’s notice, Postal receipts, Acknowledgment card, Returned card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanna Kumar Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹1,08,224/- from the 1st defendant and his assets.
Evidence:
Therefore, the plaintiff is entitled to realize ₹1,08,224/- with interest at the rate of 15.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 15.5% per annum with monthly rests till the date of decree.
Evidence:
Therefore, the plaintiff is entitled to realize interest at the rate of 15.5% per annum with monthly rests from the date of suit till 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:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit from the 1st defendant and his assets.
Evidence:
Plaintiff is allowed to realize the costs of the suit from the 1st defendant and his assets.
Documents & Evidence
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the loan agreement between the plaintiff and the first defendant.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the terms under which the loan was sanctioned and the hypothecation of the vehicle.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Provides evidence of the amount due by the defendants as per the loan agreement.
Reference:
Ext.A3
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Demonstrates attempts to recover the debt prior to litigation.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Supports the claim of communication regarding the debt recovery.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of the receipt of the debt communication by the defendants.
Reference:
Ext.A6
Document Type:
Returned card
Submitted By:
Plaintiff
Relevance:
Indicates that the communication sent to the defendants was not successful.
Reference:
Ext.A7
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 Ms/ Mulamoottil Consumer Credits Ltd. vs Sanoj.K.K et al regarding recovery of money
Case Code Year
Case between Ms/ Mulamoottil Consumer Credits Ltd. vs Sanoj.K.K et al regarding recovery of money