Case between Maneesh Sasidharan vs Daimler Financial Services India Pvt. Ltd. et al regarding permanent prohibitory injunction

Case Summary

Maneesh Sasidharan, the managing partner of Salabham Travels, filed a suit against Daimler Financial Services India Pvt. Ltd. and others for preventing the illegal repossession of a vehicle. The plaintiff alleges that the defendants attempted to seize the vehicle without due process of law.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from repossessing the specified vehicle without due process of law. The defendants were also ordered to pay the costs of the suit.

Judgment Favored

Plaintiff

Relief Granted

Permanent prohibitory injunction restraining defendants from taking forcible possession of the vehicle

Case Type

Civil Suit

Final Judgment

No

The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from repossessing the specified vehicle without due process of law. The defendants were also ordered to pay the costs of the suit.

Why Plaintiff Won:
The court found the evidence presented by the plaintiff to be credible and unchallenged, establishing a rightful claim over the vehicle.

Losing Side's Weaknesses:
The court found the evidence presented by the plaintiff to be credible and unchallenged, establishing a rightful claim over the vehicle.

Supporting Evidence

The evidence of PW1 would show that on 27.09.2019 and 15.10.2018 defendants attempted to take forcible possession of plaint schedule vehicle. The evidence of PW1 remains unchallenged. The apprehension of plaintiff is well founded and in the absence of any denial evidence, I am satisfied that plaintiff is entitled for a decree.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from taking forcible possession of plaint schedule vehicle bearing Reg.No. PY 05 F 9082 without due process of law. 2) Defendants are directed to pay costs of the suit to plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Maneesh Sasidharan
Party Age: 39
Relation: S/o

Party Role: Defendant
Party Name: Daimler Financial Services India Pvt. Ltd.

Party Role: Defendant
Party Name: Manager, Daimler Financial Services India Pvt. Ltd.

Party Role: Defendant
Party Name: M.M. Enterprises

Plaintiffs Documents

Certified copy of certificate of registration (Puducherry) of Vehicle No. PY-05-F-9082

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Abhilash
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Pradeesh Chacko
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Defendants are restrained by a permanent prohibitory injunction from taking forcible possession of plaint schedule vehicle bearing Reg.No. PY 05 F 9082 without due process of law.

Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from taking forcible possession of plaint schedule vehicle bearing Reg.No. PY 05 F 9082 without due process of law.

Relief Type: Other

Outcome: Granted

Description:

Defendants are directed to pay costs of the suit to plaintiff.

Evidence:

2) Defendants are directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: RC Book

Submitted By: Plaintiff

Relevance:

Ext.A1 shows that plaintiff is the registered owner of plaint schedule vehicle.

Reference:

Ext.A1

Case Classification

Case Type

Civil Suit

Case Flags

Cheque-Related Case

Nature of Cheque Case

Cheque issued towards legally enforceable debt