Case Summary
Mulamoottil Consumer Credits Limited. has filed a suit against Suraj.S and Sukeshan.R for the recovery of a loan amount not paid back. The defendants requested a loan for purchasing a vehicle but defaulted on repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹64,509/- with interest at the rate of 6% per annum and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the amount due from the defendants along with interest and costs. The defendants failed to appear and contest the claims.
Why Plaintiff Won:
The evidence adduced by the plaintiff remained unchallenged, establishing the defendants' liability to pay the due amount.
The evidence adduced by the plaintiff remained unchallenged, establishing the defendants' liability to pay the due amount.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff remained unchallenged, establishing the defendants' liability to pay the due amount.
The evidence adduced by the plaintiff remained unchallenged, establishing the defendants' liability to pay the due amount.
Supporting Evidence
The documents produced by the plaintiff clearly demonstrate the defendants have the liability 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 ₹64,509/- (Rupees Sixty-four Thousand Five Hundred and Nine 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mulamoottil Consumer Credits Limited.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Suraj.S
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sukeshan.R
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Original Agreement of Hypothecation dated 12/08/2021, Original demand promissory note dated 12/08/2021, Statement of Account, Copy of Legal Notice dated 02/02/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan.D
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeja M.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹64,509/- from the defendants with interest.
Evidence:
the plaintiff is entitled to realize an amount of ₹64,509/- (Rupees Sixty-four Thousand Five Hundred and Nine 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:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original agreement of hypothecation
Submitted By:
Plaintiff
Relevance:
This document serves as the hypothecation agreement for the loan amount sanctioned to the first defendant.
Reference:
Ext.A1
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendants in relation to their loan.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This exhibits the account details for the loan period, showing the outstanding amount due from the defendants.
Reference:
Ext.A3
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice sent to the defendants regarding their failure to repay the loan.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts are evidence of the dispatch of the legal notice to the defendants.
Reference:
Ext.A4(a) and Ext.A4(b)
Document Type:
Tracking Page of India Post receipts
Submitted By:
Plaintiff
Relevance:
These documents indicate the tracking details of the postal service used for sending the legal notice.
Reference:
Ext.A5 and Ext.A5(a)
Document Type:
Notarised copy of the Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to the representative of the plaintiff in legal matters.
Reference:
Ext.A6
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
OS.NO.
Case Code Year
2024