Case Summary
M/s Mulamoottil Consumer Credits Ltd. is seeking recovery of money from Sunil Kumar and others due to a default on a loan. The defendants were set ex parte as they failed to respond to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹17,964/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount and interest from the defendants. The defendants were set ex parte due to their non-appearance.
Why Plaintiff Won:
The plaintiff proved the amount owed through unchallenged evidence as the defendants did not appear in court.
The plaintiff proved the amount owed through unchallenged evidence as the defendants did not appear in court.
Losing Side's Weaknesses:
The plaintiff proved the amount owed through unchallenged evidence as the defendants did not appear in court.
The plaintiff proved the amount owed through unchallenged evidence as the defendants did not appear in court.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendants owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹17,964/- 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
- Sunil Kumar
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinil Kumar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note dated 18/06/2015, Agreement of Hire Purchase dated 18/06/2015, Statement of Accounts, Copy of Advocate Notice dated 21/05/2019, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanna Kumar Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.N.Renjini
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹17,964/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹17,964/- with interest at the rate of 15% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 15% per annum with monthly rests till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 15% per annum with monthly rests till the date of decree.
Relief Type:
Future Interest
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 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 realize 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:
Original promissory note
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan agreement with the first defendant.
Reference:
Ext.A1
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the hire purchase agreement relevant to the loan.
Reference:
Ext.A2
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the outstanding balance on the loan.
Reference:
Ext.A3
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document shows that the defendants were formally notified of the loan default.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document confirms the sending of notices to the defendants.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document was used to acknowledge receipt of documents by the defendants.
Reference:
Ext.A6
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document certifies the authority of the Junior Executive to represent the plaintiff.
Reference:
Ext.A7
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 Sunil Kumar et al regarding recovery of money.
Case Code Year
Case between M/s Mulamoottil Consumer Credits Ltd. vs Sunil Kumar et al regarding recovery of money.