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Original Suit No.185 OF 2019

Case between M/s Bharathy Auto Finance vs Muhammed Musthafa regarding money loan repayment

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-10-26
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Bharathy Auto Finance is the plaintiff and Muhammed Musthafa is the defendant. The case involves a loan of Rs. 50,000 borrowed by the defendant from the plaintiff, for which the defendant failed to make repayment.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs. 62,750 with interest. The plaintiff was also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs.62,750 with interest @ 18% per annum till realization, to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs. 62,750 with interest. The plaintiff was also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence which remained unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence which remained unchallenged due to the defendant's absence.
Supporting Evidence
PW1 testified that the defendant has borrowed Rs. 50,000/- on 20.01.2018 from the plaintiff’s firm and executed Exbt. A1 Promissory Note in favour of the firm. The evidence adduced by the plaintiff remained unchallenged.

Judgment Evidence:

In the result, the suit is decreed as follows 1. The defendant is directed to pay an amount of Rs.62,750/- (Rupees Sixty Two Thousand Seven Hundred and Fifty only), with interest @ 18% per annum thereon from the date of suit till realization, to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Bharathy Auto Finance
Party Role
Plaintiff
Party Name
R.Rajamani
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Musthafa
Party Age
49
Relation
S/o
Plaintiffs Documents
Pronote dated 20-1-2018, Copy of Lawyer Notice dated 7-2-2019, Returned notice with A/D card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. P.Viswanathan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Jubin Muhammed.E.V.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant is directed to pay an amount of Rs. 62,750/- to the plaintiff.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type: Cost
Outcome: Granted
Description:
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: Promissory Note
Submitted By: Plaintiff
Relevance:
Defendant executed a Promissory Note for Rs. 50,000/- in favor of the plaintiff.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Plaintiff issued a notice demanding payment of the borrowed amount.
Reference:
Ext.A2
Document Type: Returned notice
Submitted By: Plaintiff
Relevance:
Returned notice from the defendant marked as evidence.
Reference:
Ext.A3

Case Classification

Case Type
Civil 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 Bharathy Auto Finance vs Muhammed Musthafa regarding money loan repayment
Case Code Year
Case between M/s Bharathy Auto Finance vs Muhammed Musthafa regarding money loan repayment

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 01/20/2018 - 12:00
Case Closed
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
100%

Involved Entities

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