Case Summary
This case involves M/s. Bharathi Auto Finance seeking to recover ₹2,17,800 from the defendants as per a loan agreement. Defendants failed to repay the loan amount along with interest, leading to a legal dispute.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Realization of Money
Final Judgment
No
The plaintiff is awarded ₹2,08,800 with interest from the defendant. Plaintiff granted costs of the suit as well.
Why Plaintiff Won:
Defendants failed to repay the loan amount with interest as per the agreement.
Defendants failed to repay the loan amount with interest as per the agreement.
Losing Side's Weaknesses:
Defendants failed to repay the loan amount with interest as per the agreement.
Defendants failed to repay the loan amount with interest as per the agreement.
Supporting Evidence
PW1 testified that the defendant borrowed ₹1,80,000 on 16.12.2017 with agreement and promissory note. Defendants failed to repay the amount as per terms.
Judgment Evidence:
Defendant is directed to pay ₹ 2,08,800/- (Rupees Two Lakh eight Thousand Eight Hundred only) with interest @ 18% per annum from the date of suit till its realization, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Bharathi Auto Finance
- Party Role
- Defendant
- Party Name
- Prabhakaran
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sumitha
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
16-12-2017 Agreement, 16-12-2017 Promissory Note for ₹1,80,000, 22-12-2018 Lawyer Notice, 17-12-2018 Postal Acknowledgment Card
Defendants Documents
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹2,08,800 with interest
Evidence:
Defendant failed to repay amount despite multiple evidences presented by plaintiff
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff borrowed ₹1,80,000 on 16.12.2017
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Defendant executed promissory note in favor of plaintiff
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff demanded repayment from defendant through legal notice
Reference:
Ext.A3
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Defendant acknowledged receiving ₹9,000 towards the loan amount
Reference:
Ext.A4
Case Classification
Case Type
Realization of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Bharathi Auto Finance vs Prabhakaran et al regarding Realization of Money
Case Code Year
Case between M/s. Bharathi Auto Finance vs Prabhakaran et al regarding Realization of Money