Case Summary
The case involves Mulamoottil Consumer Credits Limited suing Joseph and Joseph Sharon for failure to repay a loan. The defendants were absent, and the court awarded the plaintiff a decree for the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
To realize an amount of ₹75,576/- with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹75,576/- from the defendants due to their failure to repay the loan.
Why Plaintiff Won:
The evidence provided by the plaintiff was unchallenged and clearly indicated the defendants' liability.
The evidence provided by the plaintiff was unchallenged and clearly indicated the defendants' liability.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was unchallenged and clearly indicated the defendants' liability.
The evidence provided by the plaintiff was unchallenged and clearly indicated the defendants' liability.
Supporting Evidence
The oral and documentary evidence provided by PW1 establishes that an amount of ₹75,576/- is due from the defendants. The documents produced by the plaintiff clearly demonstrate the defendants are liable to pay the said amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹75,576/- (Rupees Seventy-five Thousand Five Hundred and Seventy-six only) with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants and their assets. (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mulamoottil Consumer Credits Limited.
- Party Role
- Defendant
- Party Name
- Joseph
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Sharon
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Original Demand Promissory Note, Original Hire Purchase Agreement, Copy of the Statement of Account, Copy of the Advocates Notice, Postal receipts, Acknowledgment cards.
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
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹75,576/- with interest at the rate of 6% per annum.
Evidence:
the plaintiff is entitled to realize an amount of ₹75,576/- (Rupees Seventy-five Thousand Five Hundred and Seventy-six only) with interest at the rate of 6% per annum from the date of the suit until the date of realization from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Original demand promissory note dated 14/06/2017 signed by the defendants.
Reference:
Ext.A1
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Original Hire Purchase Agreement dated 14/06/2017 signed by the defendants.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of the statement of account from the period 14/07/2017 till 17/11/2020 certified under the Bankers Books Evidence Act.
Reference:
Ext.A3
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate’s notice dated 30/11/2020 issued to the defendants.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts (2 Nos.) evidencing the dispatch of Ext.A4 notice.
Reference:
Ext.A5
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards (2 Nos.) signed by the defendants 1 and 2.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2021