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O.S. No.733/2018

Case between M/s. DBFS Finance and Leasing India Ltd. vs Dinesh Kumar.P.V., Risa.E.R. regarding realization of money

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-02-28
Duration
approximately-7 years 0 days

Judgement document from eCourt website

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Case Summary

M/s. DBFS Finance and Leasing India Ltd. is suing Dinesh Kumar.P.V. and Risa.E.R. for the recovery of a loan amount. The defendants defaulted on their loan repayment, leading to this suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount along with specified interest. The defendants are also liable to satisfy the decree with their assets.
Judgment Favored
Plaintiff
Relief Granted
Defendants are ordered to pay Rs.48,196 along with interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case of loan default with adequate supporting evidence.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.48,196 along with interest @9% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.

Parties Involved

Plaintiffs

M/s. DBFS Finance and Leasing India Ltd. (Age not specified years) 111/947, Smart Centre, Vazhakala, Kochi, Pin – 682 021

Defendants

Dinesh Kumar.P.V. (38 years) Pulikkal House, Kumaranellur.P.O., Wadakkanchery, Thrissur, Pin – 680 590 Risa.E.R. (33 years) Pulikkal House, Kumaranellur.P.O., Wadakkanchery, Thrissur, Pin – 680 590

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.48,196 with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.48,196 with interest from defendants.
Relief Type: Other
Outcome: Granted
Description:
Defendants' assets are liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Certified true extract of the resolution
Submitted By: Plaintiff
Relevance:
Authorized Mr. Shyam Manohar.K. to represent the company.
Reference:
Ext.A1
Document Type: Loan Applications
Submitted By: Plaintiff
Relevance:
Applications submitted by the defendants for the loan.
Reference:
Ext.A2
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
Sanction letter issued by the plaintiff to the defendant acknowledging the loan.
Reference:
Ext.A3
Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Agreement executed between the defendants and plaintiff related to the loan.
Reference:
Ext.A4
Document Type: Letter/Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the plaintiff to the defendant regarding default in payment.
Reference:
Ext.A5
Document Type: Original Computer Printout of the Ledger Account
Submitted By: Plaintiff
Relevance:
Details of the defendant's ledger account maintained by the plaintiff.
Reference:
Ext.A6

Quick Facts

Location
Ernakulam
Case Filed
Tue, 02/07/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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