Case Summary
This case involves a firm M/s. Bharathi Auto Finance suing Noufal for repayment of borrowed amount with interest. The defendant failed to pay and remained exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Money Recovery Suit
Final Judgment
No
The plaintiff is awarded ₹ 2,45,400 with interest for the money borrowed by the defendant.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Bharathi Auto Finance
- Party Role
- Defendant
- Party Name
- Noufal
- Relation
- S/o
Plaintiffs Documents
03-09-2018 Cheque for ₹ 2,40,000/-, 06-09-2018 Cheque Return Memo, 25-09-2018 Copy of Lawyer Notice, Unserved Letter, 30-03-2017 Promissory Note
Defendants Documents
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay ₹ 2,45,400/- with 18% interest per annum to plaintiff
Evidence:
The plaintiff adduced reliable evidence establishing the loan agreement and non-repayment by defendant
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realization of costs from the defendant
Evidence:
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Defendant issued a cheque for ₹ 2,40,000/- which was returned as unpaid due to insufficient funds
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Proof that the cheque issued by the defendant was returned as unpaid due to insufficient funds
Reference:
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff issued a notice through counsel to the defendant demanding payment for the unpaid cheque
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory Note dated 30-03-2017 as evidence of the loan agreement
Reference:
Ext.A5
Case Classification
Case Type
Money Recovery Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between M/s. Bharathi Auto Finance vs Noufal regarding money transaction
Case Code Year
Case between M/s. Bharathi Auto Finance vs Noufal regarding money transaction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour