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ORIGINAL SUIT No. 92 OF 2018

Case between M/s Bharathy Auto Finance vs Ubaid regarding loan repayment

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-26
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s Bharathy Auto Finance filed a suit against Ubaid for the recovery of a loan amounting to Rs. 25,000 that was not fully repaid. The defendant borrowed the money and failed to pay the remaining balance despite notices from the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ruling that Ubaid must pay Rs. 22,500 along with interest and costs. The defendant's failure to respond meant the plaintiff's evidence went unchallenged.
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs. 22,500 with interest at the rate of 18% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ruling that Ubaid must pay Rs. 22,500 along with interest and costs. The defendant's failure to respond meant the plaintiff's evidence went unchallenged.
Why Plaintiff Won:
The plaintiff proved their case with reliable evidence that the defendant borrowed money and failed to repay it.
Losing Side's Weaknesses:
The plaintiff proved their case with reliable evidence that the defendant borrowed money and failed to repay it.
Supporting Evidence
Since the defendant remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows. 1. Plaintiff is entitled to realise an amount of Rs. 22,500 (Rupees Twenty Two Thousand and Five Hundred only) with interest at the rate of 18 % per annum from the date of suit, till the realization, from the defendant and his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Bharathy Auto Finance
Party Role
Defendant
Party Name
Ubaid
Party Age
40
Relation
S/o
Plaintiffs Documents
Promissory Note dated 13-7-2016, Copy of Registered Lawyer Notice dated 27-12-2017, Undelivered cover with A/D Card
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Vivek.P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Rohith.K.R.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 22,500 with interest from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of Rs. 22,500/- (Rupees Twenty Two Thousand and Five Hundred only) with interest at the rate of 18 % per annum from the date of suit, till the realization, from the defendant and his assets.
Relief Type: Other
Outcome: Granted
Description:
The 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:
This document serves as the basis of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type: Notice
Submitted By: Plaintiff
Relevance:
This notice was issued to the defendant demanding the payment of the balance amount due under the promissory note.
Reference:
Ext.A2
Document Type: Returned notice
Submitted By: Plaintiff
Relevance:
This document shows that the notice sent to the defendant was not served.
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 Ubaid regarding loan repayment
Case Code Year
Case between M/s Bharathy Auto Finance vs Ubaid regarding loan repayment

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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