Case Summary
The suit involves the plaintiff, a money lending company, seeking to recover unpaid loan installments from the defendant who failed to make timely payments and issued a dishonored cheque.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 18,000 with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay Rs. 18,000 with interest and the costs of the suit.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence showing the defendant's default in repayment.
The plaintiff provided cogent and reliable evidence showing the defendant's default in repayment.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence showing the defendant's default in repayment.
The plaintiff provided cogent and reliable evidence showing the defendant's default in repayment.
Supporting Evidence
Since no written statement was filed, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. So, the plaintiff has proved its case by adducing cogent and reliable evidence and the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:1. The defendant is directed to pay the plaintiff an amount of Rs.18,000- with interest at the rate of 8% per annum from 20-2-2017 till the date of realization. 2. Plaintiff is entitled to realise the costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Bharathi Auto Finance
- Relation
- Managing Partner of R.Rajamani
- Party Role
- Defendant
- Party Name
- Damodharan
- Party Age
- 54
- Relation
- S/o Kodakkatt Peranthan
Plaintiffs Documents
Cheque dated 20-2-2017, Memo dated 18-4-2017, Registered Lawyer Notice dated 3-5-2017, Acknowledgment card
Defendants Documents
Not Applicable
Advocates
Reliefs
Relief Type:
Payment
Outcome:
Granted
Description:
Defendant directed to pay Rs. 18,000 with interest and costs
Evidence:
Documents & Evidence
Document Type:
Cheque for Rs.18,000/-
Submitted By:
Plaintiff
Relevance:
Document of dishonored cheque used as evidence
Reference:
A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Associated memo as supporting document
Reference:
A2
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued on 3-5-2017 to the defendant
Reference:
A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card relevant to the case
Reference:
A4
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Failure to repay loan
Case Code
Case between M/s Bharathi Auto Finance through its Managing Partner; R.Rajamani vs Damodharan regarding loan realization
Case Code Year
Case between M/s Bharathi Auto Finance through its Managing Partner; R.Rajamani vs Damodharan regarding loan realization
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour