Case Summary
Plaintiff, a lending company, filed a suit against the defendants seeking repayment of a loan provided for a Bajaj Pulsar vehicle under a hire purchase agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Recovery - Rs.88,342 with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
Plaintiff was granted the decree to recover Rs.88,342 with interest and costs of the suit from the defendants.
Why Plaintiff Won:
Plaintiff's evidence remained unchallenged. The plaintiff proved its case with cogent and reliable evidence.
Plaintiff's evidence remained unchallenged. The plaintiff proved its case with cogent and reliable evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Evidence adduced by PW.1 remained unchallenged. I find no reason to disbelieve PW.1. So, the plaintiff has proved its case adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.88,342/- (Rupees Eighty Eight Thousand Three Hundred and Forty Two only) with interest at the rate of 6% per annum from the date of suit till realisation from the defendants and their assets. 2. Plaintiff is entitled to realise the costs of the suit from the defendants.
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
- Rafi
- Party Age
- 45
- Relation
- S/o. Abdullakutty
- Party Role
- Defendant
- Party Name
- Nabeesu
- Party Age
- 68
- Relation
- D/o. Mariyakutty
- Party Role
- Defendant
- Party Name
- Shareena
- Party Age
- 35
- Relation
- W/o. Rafi
Plaintiffs Documents
Hire Purchase Agreement, Abstract of Minutes of Board Meeting, Certificate of Incorporation
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ayisha P Jamal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.V. Dinesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P. Mohandas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recover Rs.88,342 with interest and costs from defendants
Evidence:
In the result, the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.88,342/- (Rupees Eighty Eight Thousand Three Hundred and Forty Two only) with interest at the rate of 6% per annum from the date of suit till realisation from the defendants and their assets. 2. Plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff's evidence and ownership of the vehicle
Reference:
Ext.A1
Document Type:
Board of Meeting Minutes
Submitted By:
Plaintiff
Relevance:
Plaintiff's internal decision-making process
Reference:
Ext.A2
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Establishing plaintiff's legal status
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between B.R.D. Securities Ltd. Branch Office Tirur vs Rafi et al regarding loan repayment
Case Code Year
Case between B.R.D. Securities Ltd. Branch Office Tirur vs Rafi et al regarding loan repayment