Case Summary
M/s. DBFS Finance and Leasing India Ltd. filed a suit against Shibu.K.V. for the realization of an outstanding loan amount. The defendant defaulted on repayment of the loan granted for business, leading to the legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.49,296 along with interest
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the outstanding loan amount along with interest. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
Plaintiff established a case with unchallenged evidence of default in repayment.
Plaintiff established a case with unchallenged evidence of default in repayment.
Losing Side's Weaknesses:
Plaintiff established a case with unchallenged evidence of default in repayment.
Plaintiff established a case with unchallenged evidence of default in repayment.
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.49,296 with interest from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.49,296 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. DBFS Finance and Leasing India Ltd.
- Party Role
- Defendant
- Party Name
- Shibu.K.V.
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified true extract of the resolution passed at the meeting of the Board of Directors of the plaintiff company, Loan applications submitted by the defendant to the plaintiff, Loan Sanction Letter issued by the plaintiff to the defendant, Loan Agreement between the Defendant and the Plaintiff, Letter/Notice issued by the Plaintiff to the Defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sojo.J.Kallidukil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.49,296 with interest to plaintiff.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.49,296 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.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Evidence:
2) Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
These documents were marked and supported the plaintiff's case for realization of the loan amount due from the defendant.
Reference:
Exts.A1 to A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. DBFS Finance and Leasing India Ltd. vs Shibu.K.V. regarding realization of money
Case Code Year
Case between M/s. DBFS Finance and Leasing India Ltd. vs Shibu.K.V. regarding realization of money