Case Summary
Ace Finlease Pvt. Ltd filed a suit against Muneer. K.P and Ayishumma for the realization of a loan amount that was defaulted. The defendants did not appear in court despite being summoned.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.83740/- from the defendants with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount with specified interest. The defendants were made jointly and severally liable for the payment.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and supporting documents.
The plaintiff proved their case through unchallenged testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and supporting documents.
The plaintiff proved their case through unchallenged testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A5 documents produced by him.
Judgment Evidence:
In the result, 1. The plaintiff shall be entitled to realize Rs.83740/- (Rupees eighty three thousand seven hundred and forty only) from the defendants with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization. 2. The defendants shall be jointly and severally liable to repay the said amount to the plaintiff. 3. The defendants shall pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ace Finlease Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Muneer. K.P
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayishumma
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Certified copy of Power of attorney dated 21.01.2016, Loan Agreement dated 16.08.2022, Promissory Note dated 16.08.2022, Encumbrance certificate dated 27.12.2022, Certified copy of account statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sheela.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.K.Preman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize Rs.83740/- from the defendants with interest.
Evidence:
The plaintiff shall be entitled to realize Rs.83740/- (Rupees eighty three thousand seven hundred and forty only) from the defendants with interest at the rate of 9 percent from date of suit till date of decree and with future interest at the rate of 6 percent from the date of decree till date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the certified copy of the power of attorney dated 21.01.2016.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the loan agreement dated 16.08.2022 executed between the plaintiff and the defendants.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the promissory note dated 16.08.2022.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the encumbrance certificate dated 27.12.2022.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is the certified copy of the account statement during the period from 16.08.2022 to 03/02/2023.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Ace Finlease Pvt. Ltd vs Muneer. K.P et al regarding realization of money.
Case Code Year
Case between Ace Finlease Pvt. Ltd vs Muneer. K.P et al regarding realization of money.