Case Summary
Plaintiff company filed a suit to recover a loan amount for a Bajaj Pulsar vehicle under a hire purchase agreement from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of loan amount with interest and costs
Case Type
Civil Suit - Loan Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the recovery of the loan amount with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence through PW1 and exhibits to prove the case against the defendants.
The plaintiff provided cogent and reliable evidence through PW1 and exhibits to prove the case against the defendants.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence through PW1 and exhibits to prove the case against the defendants.
The plaintiff provided cogent and reliable evidence through PW1 and exhibits to prove the case against the defendants.
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 So , the plaintiff is entitled for a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.87,671/- (Rupees Eighty Seven Thousand Six Hundred and Seventy One 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.
- Relation
- Represented by Litigation Clerk
- 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
- Party Role
- Defendant
- Party Name
- Rafi
- Party Age
- 35
- Relation
- S/o. Abdullakutty
Plaintiffs Documents
Hire Purchase Agreement, Abstract of Minutes of Board of Meeting, Certificate of Incorporation
Defendants Documents
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:
Loan Recovery
Outcome:
Granted
Description:
Realisation of loan amount with interest and costs
Evidence:
In the result, the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.87,671/- (Rupees Eighty Seven Thousand Six Hundred and Seventy One 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:
Established the loan agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Authorized the plaintiff's litigation clerk in legal proceedings.
Reference:
Ext.A2
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Provided proof of the plaintiff company's incorporation.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Loan Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between B.R.D. Securities Ltd. vs Nabeesu et al regarding loan recovery for Bajaj Pulsar vehicle
Case Code Year
Case between B.R.D. Securities Ltd. vs Nabeesu et al regarding loan recovery for Bajaj Pulsar vehicle