Case Summary
The plaintiff, M/s Mulamoottl Consumer Credits Ltd., is seeking recovery of a loan amount from the defendants, Chandrasekhar and Ranimol, who have defaulted on repayment. The case has been decided in favor of the plaintiff as the defendants did not contest the claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹37,742/- from the defendants and their assets, with interest at the rate of 18% per annum with monthly rests.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the owed amount along with interest. The defendants did not appear to contest the matter, leading to a ruling in the plaintiff's favor.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence of the defendants' default on the loan repayments.
The plaintiff provided unchallenged evidence of the defendants' default on the loan repayments.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence of the defendants' default on the loan repayments.
The plaintiff provided unchallenged evidence of the defendants' default on the loan repayments.
Supporting Evidence
According to PW1, despite their undertaking to repay the loan amount together with interest thereon, the defendants failed to turn up and defaulted in paying the said sum.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹37,742/- from the defendants and their assets. 2.Plaintiff is allowed to realise interest at the rate of 18% per annum with monthly rests till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Mulamoottl Consumer Credits Ltd.
- Party Role
- Plaintiff
- Party Name
- Vineeth.V.S.
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandrasekhar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ranimol
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Certified Copy of Power of Attorney, Original Promissory Note, Agreement of Hire purchase, Revival Letter, Statement of Accounts, Copy of Advocate Notice, Postal Receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha.G.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹37,742/- along with interest from the defendants.
Evidence:
Therefore, plaintiff is entitled to realise ₹37,742/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of 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 realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendants.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of power of attorney dated 30/11/2017 authorizing the plaintiff company to institute the suit.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note dated 26/04/2016 related to the loan provided to the 1st defendant.
Reference:
Ext.A2
Document Type:
Agreement of Hire Purchase
Submitted By:
Plaintiff
Relevance:
Agreement of hire purchase dated 26/04/2016 laying the terms for the loan.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival letter dated 17/09/2018 related to the loan.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts showing the outstanding amount due from the defendants.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Lawyer’s notice dated 24/02/2020 sent to the defendants regarding the outstanding debt.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipts related to service of documents to the defendants.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards confirming receipt of documents by the defendants.
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
Case between M/s Mulamoottl Consumer Credits Ltd. vs Chandrasekhar et al regarding recovery of money
Case Code Year
Case between M/s Mulamoottl Consumer Credits Ltd. vs Chandrasekhar et al regarding recovery of money