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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
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
Why Plaintiff Won:
The plaintiff established a clear case of loan default with adequate supporting evidence.
Losing Side's Weaknesses:
The plaintiff established a clear case of loan default with adequate supporting evidence.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.48,196 with interest from defendants.

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

Parties

Party Role
Plaintiff
Party Name
M/s. DBFS Finance and Leasing India Ltd.
Party Role
Defendant
Party Name
Dinesh Kumar.P.V.
Party Age
38
Relation
S/o
Party Role
Defendant
Party Name
Risa.E.R.
Party Age
33
Relation
D/o
Plaintiffs Documents
Certified true extract of the resolution, Loan Applications, Loan Sanction Letter, Loan Agreement, Letter/Notice issued by the plaintiff, Original Computer Printout of the Ledger Account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Shajy Sebastian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sojo.J.Kallidukil
Appearance Type
Assisting Counsel

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

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between M/s. DBFS Finance and Leasing India Ltd. vs Dinesh Kumar.P.V., Risa.E.R. regarding realization of money
Case Code Year
Case between M/s. DBFS Finance and Leasing India Ltd. vs Dinesh Kumar.P.V., Risa.E.R. regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 02/07/2017 - 12:00
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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