Case Summary
The case involves B.R.D. Securities Ltd. suing the defendants for failure to repay a loan obtained through a hire purchase agreement for a Bajaj Pulsar vehicle. Despite defendants' default, no possession of the vehicle was taken, leading to the suit for the recovery of the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs.87,671/- with interest and costs
Case Type
Money Realisation Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved their case through cogent and reliable evidence, including the hire purchase agreement and resolutions authorizing their representative's actions.
The plaintiff successfully proved their case through cogent and reliable evidence, including the hire purchase agreement and resolutions authorizing their representative's actions.
Losing Side's Weaknesses:
Supporting Evidence
Evidence adduced by PW.1 (Plaintiff's Witness) including Hire Purchase Agreement, resolution authorizing actions, and certificate of incorporation remained unchallenged.
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.R.D. Securities Ltd., Branch Office Tirur
- Relation
- Represented by Litigation Clerk
- Party Role
- Defendant
- Party Name
- Nabeesu
- Party Age
- 68
- Relation
- Daughter of Mariyakutty
- Party Role
- Defendant
- Party Name
- Shareena
- Party Age
- 35
- Relation
- Wife of Rafi
- Party Role
- Defendant
- Party Name
- Rafi
- Party Age
- 35
- Relation
- Son of Abdullakutty
Plaintiffs Documents
Hire Purchase Agreement, Abstract of Minutes of Board of Meeting, Certificate of Incorporation
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Realisation of money
Outcome:
Granted
Description:
Plaintiff allowed to realise Rs.87,671/- with interest and costs from defendants.
Evidence:
Documents & Evidence
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Provided basis for the loan agreement between plaintiff and defendants.
Reference:
A1
Document Type:
Abstract of Minutes of Board Meeting
Submitted By:
Plaintiff
Relevance:
Documented relevant resolutions in support of plaintiff's claim.
Reference:
A2
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Established the legal standing and existence of the plaintiff company.
Reference:
A3
Case Classification
Case Type
Category
Money and Loan Recovery
District
State
Court Establishment
Common Reasons
Case Code
Case between B.R.D. Securities Ltd., Branch Office Tirur vs Nabeesu, Shareena, and Rafi regarding realisation of money
Case Code Year
Case between B.R.D. Securities Ltd., Branch Office Tirur vs Nabeesu, Shareena, and Rafi regarding realisation of money