Case Summary
The plaintiff, Mulamoottil Consumer Credits Ltd., filed a suit against defendants Shahanas and Nihas for the recovery of an outstanding loan amount. The defendants failed to repay the loan despite demands and were proceeded against ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of 46,912/- together with 6% interest from the date of decree till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount with interest. The plaintiff is entitled to recover a total of 46,912/- along with costs.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and submitted relevant documents.
The plaintiff established their case through uncontroverted testimony and submitted relevant documents.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted testimony and submitted relevant documents.
The plaintiff established their case through uncontroverted testimony and submitted relevant documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A5 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs Plaintiff is entitled to realise an amount of 46,912/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mulamoottil Consumer Credits Ltd.
- Party Role
- Plaintiff
- Party Name
- Vineeth.V.S
- Party Age
- 30
- Relation
- S/o Viswambharan.R
- Party Role
- Defendant
- Party Name
- Shahanas
- Party Age
- 34
- Relation
- S/o Nazeer
- Party Role
- Defendant
- Party Name
- Nihas
- Party Age
- 37
- Relation
- S/o Badarudheen
Plaintiffs Documents
Original Promissory note, Hire purchase Agreement, Statement of Account, Coy of Advocate notice, Postal receipt
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 sought to recover an amount from the defendants.
Evidence:
Plaintiff is entitled to realise an amount of 46,912/- (Rupees Forty-Six Thousand Nine Hundred and Twelve only) together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
Used to establish the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Detailed the terms and conditions under which the loan was provided.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Showed the outstanding balance owed by the defendants.
Reference:
Ext.A3
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's demand for repayment before filing the suit.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A5
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 Mulamoottil Consumer Credits Ltd. vs Shahanas, Nihas regarding recovery of money.
Case Code Year
Case between Mulamoottil Consumer Credits Ltd. vs Shahanas, Nihas regarding recovery of money.