Case Summary
The plaintiff, Ace Finlease Pvt Ltd, is seeking to recover a loan amount from the defendants, Sainul Abid C and Shahina. V.P. The defendants have defaulted on payment despite executing loan agreements and promissory notes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to jointly and severally pay Rs.2,08,960/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient proof of the loan agreement and the defendants' default.
The plaintiff provided sufficient proof of the loan agreement and the defendants' default.
Losing Side's Weaknesses:
The plaintiff provided sufficient proof of the loan agreement and the defendants' default.
The plaintiff provided sufficient proof of the loan agreement and the defendants' default.
Supporting Evidence
The plaint claim of borrowal of the amount and the default of the payments is proved by the affidavit of PW1 and documents No.A1 to A5.
Judgment Evidence:
In the result, The suit is decreed as follows: 1. The defendants are directed to jointly and severally pay Rs.2,08,960/- (Rupees Two Lakhs Eight Thousand Nine Hundred And Sixty Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ace Finlease Pvt Ltd
- Relation
- Company represented by its Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Sainul Abid C
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shahina. V.P
- Party Age
- 28
- Relation
- D/o
Plaintiffs Documents
Certified copy of Power of Attorney, Personal loan agreement, Promissory note, Copy of encumbrance certificate issued by registration department, Copy of ledger report from 10/02/2020 to 09/12/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Preman. C.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheela. T.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Faizal. P Mukkam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to jointly and severally pay Rs.2,08,960/- to the plaintiff.
Evidence:
The suit is decreed as follows: The defendants are directed to jointly and severally pay Rs.2,08,960/- (Rupees Two Lakhs Eight Thousand Nine Hundred And Sixty Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are also directed to pay jointly and severally the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Proves the authority of the person representing the plaintiff.
Reference:
Ext.A1
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan borrowed by the defendants.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the defendants' commitment to repay the loan.
Reference:
Ext.A3
Document Type:
Copy of encumbrance certificate issued by registration department
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff’s claims regarding the loan and its conditions.
Reference:
Ext.A4
Document Type:
Copy of ledger report from 10/02/2020 to 09/12/2021
Submitted By:
Plaintiff
Relevance:
Documents the default in payment and the transaction history.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
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 Sainul Abid C et al regarding realisation of money.
Case Code Year
Case between Ace Finlease Pvt Ltd vs Sainul Abid C et al regarding realisation of money.