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ORIGINAL SUIT No. 155 OF 2018

Case between Majeed vs M/s India Infoline Finance Limited regarding Injunction

Court
THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-31
Duration

Judgement document from eCourt website

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Case Summary

Majeed and Saleena, the plaintiffs, are involved in a dispute with M/s India Infoline Finance Limited regarding the charging of exorbitant interest on a vehicle loan. The defendants did not appear in court, leading to a judgment in favor of the plaintiffs for some relief.

Judgment Outcome

Partial Relief
Interim Order
The court finds that the defendants have charged exorbitant interest and misused the plaintiff's signed documents. The plaintiff is granted a permanent injunction against the defendants regarding the vehicle in question but is not entitled to other reliefs due to prior arbitration.
Judgment Favored
Partial
Relief Granted
The defendants are restrained by way of permanent prohibitory injunction from forcibly taking away the vehicle bearing No. KL -55- M- 6358 from the possession of the plaintiff otherwise than by due process of law.
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The plaintiffs succeeded because the court recognized the misuse of documents and the unfair interest charges by the defendants.

Judgment Evidence:

In the result, the suit is decreed in part as follows: 1. The defendants and their men are restrained by way of permanent prohibitory injunction from forcibly taking away the vehicle bearing No. KL -55- M- 6358 from the possession of the plaintiff otherwise than by due process of law.

Parties Involved

Plaintiffs

Majeed (48 years years) Marakkarakandi House, Kanjirakutti, P.O.Paravanna, Tirur Taluk Saleena (38 years years) Marakkarakandi House, Kanjirakutti, P.O.Paravanna, Tirur Taluk

Defendants

M/s India Infoline Finance Limited (Age not specified years) Office at : HFL Tower No.143, MGR Road, Near Life Line Hospital, Perungudi – Chennai – 600096 M/s India Infoline Finance Limited (Age not specified years) Office at HFL Tower No.143, MGR Road, Near Life Line Hospital Perungudi – Chennai – 600096 M/s India Infoline Finance Limited (Age not specified years) Office at; Bappu Haji Arcade, Puthiyangadi, Tirur

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are restrained from forcibly taking away the vehicle from the plaintiff's possession.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction from forcibly taking away the vehicle bearing No. KL -55- M- 6358 from the possession of the plaintiff otherwise than by due process of law.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendant.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued by the defendant demanding the outstanding amount from the plaintiff.
Reference:
Ext.A1
Document Type: Arbitration Award
Submitted By: Plaintiff
Relevance:
This award was obtained by the defendant for the outstanding loan amount.
Reference:
Ext.A2
Document Type: Receipts
Submitted By: Plaintiff
Relevance:
These receipts document the payments made by the plaintiff towards the loan amount.
Reference:
Ext.A3 to Ext.A14
Document Type: Certificate of Registration
Submitted By: Plaintiff
Relevance:
This certificate confirms the registration of the vehicle involved in the loan agreement.
Reference:
Ext.A15

Quick Facts

Location
Case Filed
Outcome Confidence
80%

Involved Entities

Private Individual

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