Case Summary
M/s. Mulamoottil Consumer Credits LTD. filed a suit against Santha and others for the recovery of a loan amount of Rs.61,914. The defendants failed to repay the loan despite receiving notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.61,914 with 6% interest per annum from the date of suit till date of realisation.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover Rs.61,914 along with 6% interest from the defendants.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Supporting Evidence
PW1 filed affidavit in lieu of chief examination and he reiterated the contents in the plaint and the same remains unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs allowing the plaintiff to recover an amount of Rs.61,914 (Rupees Sixty One Thousand Nine Hundred and Fourteen only) with 6% interest per annum from the date of suit till date of realisation 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
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Unnikuttan
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lalu
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Power Of Attorney, Demand Promissory Note, Original Hire Purchase agreement, Revival letter, Statement of account, Advocate Notice, Postal Receipt (Nos.3), Returned unserved Notice(Nos.3)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ganesh.P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha.G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the outstanding loan amount.
Evidence:
Thus, the suit is liable to be decreed with costs.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was used to establish the authority of the plaintiff's representative in the case.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note was critical in proving the defendants' obligation to repay the loan amount.
Reference:
Ext.A2
Document Type:
Original Hire Purchase agreement
Submitted By:
Plaintiff
Relevance:
This agreement detailed the terms under which the loan was granted.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This letter indicated the renewal or reaffirmation of the loan agreement.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement provided evidence of the outstanding loan amount.
Reference:
Ext.A5
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice served as a formal request for repayment to the defendants.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
These receipts confirmed the sending of notices to the defendants.
Reference:
Ext.A7 series
Document Type:
Returned unserved Notice
Submitted By:
Plaintiff
Relevance:
These documents were evidence of the notices that were not delivered to the defendants.
Reference:
Ext.A8 series
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
2020