Case Summary
M/s. Mulamoottil Consumer Credits Ltd. is seeking to recover a loan amount from the defendants, who defaulted on payments despite repeated requests. The defendants were set ex parte as they did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,49,451/- with interest at the rate of 18% per annum with monthly rests and future interest at the rate of 6% per annum from the date of decree till realisation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest from the defendants. The defendants failed to appear and contest the claims made by the plaintiff.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged as the defendants did not appear in court.
The evidence presented by the plaintiff was unchallenged as the defendants did not appear in court.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged as the defendants did not appear in court.
The evidence presented by the plaintiff was unchallenged as the defendants did not appear in court.
Supporting Evidence
It is proved that the defendants owed the amount to the plaintiff as claimed in the suit. The evidence of the plaintiff is unchallenged because the defendants were set ex parte.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,49,451/- 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.Mulamoottil Consumer Credits Ltd.
- Party Role
- Defendant
- Party Name
- Prakashan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajani
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
certified copy of power of attorney, original promissory note, agreement of hypothecation, revival letter, statement of accounts, copy of legal notice, original postal receipts, original returned acknowledgment cards of Ext.A6 notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayarekha.G.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,49,451/- from the defendants and their assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹1,49,451/- with interest at the rate of 18% per annum with monthly rests from the date of suit till date of decree.
Relief Type:
Other
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:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to recover 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:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the representative to act on behalf of the plaintiff company in legal matters.
Reference:
Ext.A1
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the loan agreement made by the first defendant.
Reference:
Ext.A2
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of hypothecation related to the loan.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This document indicates the continuation of the loan terms and conditions.
Reference:
Ext.A4
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides details about the outstanding balance and loan repayment history.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is proof of communication sent to the defendants regarding the outstanding loan.
Reference:
Ext.A6
Document Type:
Original Postal Receipts and Original Returned Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These documents serve as evidence of the delivery of the legal notice to the defendants.
Reference:
Ext.A7 and 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 Prakashan et al regarding recovery of money
Case Code Year
Case between M/s.Mulamoottil Consumer Credits Ltd. vs Prakashan et al regarding recovery of money