Case Summary
M/s. Mulamoottil Consumer Credits Ltd. filed a suit against Shaji Kumar and Sindhu for recovery of a loan amount due to defaults in payment. The case was heard ex parte as the defendants did not appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,11,261/- from the defendants and their assets along with 14.5% interest per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing recovery of ₹1,11,261/- along with interest from the defendants for failure to repay the loan.
Why Plaintiff Won:
The plaintiff proved the defendants owed the amount as claimed in the suit.
The plaintiff proved the defendants owed the amount as claimed in the suit.
Losing Side's Weaknesses:
The plaintiff proved the defendants owed the amount as claimed in the suit.
The plaintiff proved the defendants owed the amount as claimed in the suit.
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: 1.Plaintiff is allowed to realise ₹1,11,261/- 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
- Shaji Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Demand Promissory Note dated 08/12/2015, Agreement of Hire Purchase dated 08/12/2015, Certified copy of Statement of account, Revival Letter dated 31/07/2019, Copy of Cheque bearing No.039454 dated 31/07/2019, Advocate Notice dated 11/03/2022.
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 realise ₹1,11,261/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,11,261/- with interest at the rate of 14.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 14.5% per annum with monthly rests till the date of decree.
Evidence:
Therefore, plaintiff is entitled to realise interest at the rate of 14.5% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
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:
Therefore, plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan taken by the first defendant.
Reference:
Ext.A1
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the hire purchase agreement related to the loan.
Reference:
Ext.A2
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provides a record of the outstanding amount due from the defendants.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This letter indicates the renewal of the loan agreement and the obligations of the defendants.
Reference:
Ext.A4
Document Type:
Copy of Cheque
Submitted By:
Plaintiff
Relevance:
This cheque is related to a payment made towards the loan.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding the default in loan repayment.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the mailing of notices to the defendants.
Reference:
Ext.A7 series
Document Type:
Returned Notices
Submitted By:
Plaintiff
Relevance:
These are notices that were returned undelivered to the plaintiff.
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
Case between M/s. Mulamoottil Consumer Credits Ltd. vs Shaji Kumar et al regarding recovery of money.
Case Code Year
Case between M/s. Mulamoottil Consumer Credits Ltd. vs Shaji Kumar et al regarding recovery of money.