Case Summary
Bharathy Auto Finance filed a suit to recover Rs.30,000 with interest from E. Velayudhan who failed to repay the loan amount despite legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Decree
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed that the defendant must pay Rs.30,000 with 12% interest per annum from the date of the suit till realization and also bear the costs of the suit.
Why Plaintiff Won:
Ext. exhibits A1, A2, and A3 along with the unchallenged evidence led by the plaintiff provided cogent and reliable proof of the defendant's debt and non-payment.
Ext. exhibits A1, A2, and A3 along with the unchallenged evidence led by the plaintiff provided cogent and reliable proof of the defendant's debt and non-payment.
Losing Side's Weaknesses:
Ext. exhibits A1, A2, and A3 along with the unchallenged evidence led by the plaintiff provided cogent and reliable proof of the defendant's debt and non-payment.
Ext. exhibits A1, A2, and A3 along with the unchallenged evidence led by the plaintiff provided cogent and reliable proof of the defendant's debt and non-payment.
Supporting Evidence
The plaintiff was examined as PW1. He filed affidavit in lieu of examination in chief. Since the defendant remained exparte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff. So the plaintiff has proved his case by adducing cogent and reliable evidence and the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
The suit is decreed as follows: Defendant is directed to pay an amount of Rs. 30,000/- with interest at the rate of 12% per annum from the date of the suit till today and thereafter at the rate of 6% per annum till realization. Defendant is directed to pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bharathy Auto Finance
- Relation
- Represented by Manager Rajamani
- Party Role
- Defendant
- Party Name
- E. Velayudhan @ Surendran Kurupp
- Party Age
- 52
- Relation
- S/o. Choyi
Plaintiffs Documents
Ext.A1: Pronote (07-09-2014), Ext.A2: Lawyer notice with Postal receipt (17-06-2016), Ext.A3: Acknowledgment card (18-06-2016)
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Santhosh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Decree
Outcome:
Granted
Description:
Defendant to pay Rs.30,000 with interest at 12% per annum until realization and costs of the suit to the plaintiff.
Evidence:
Defendant is directed to pay an amount of Rs. 30,000/- with interest at the rate of 12% per annum from the date of the suit till today and thereafter at the rate of 6% per annum till realization. Defendant is directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Pronote
Submitted By:
Plaintiff
Relevance:
Defendant's promise to pay Rs.30,000 to the plaintiff
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to defendant for repayment
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of defendant's receipt of the legal notice
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of debt
Case Code
Case between Bharathy Auto Finance vs E. Velayudhan regarding money realization
Case Code Year
Case between Bharathy Auto Finance vs E. Velayudhan regarding money realization