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O.S. No.732/2018

Case between M/s. DBFS Finance and Leasing India Ltd. vs Shyju.A.S., A.R. Sudhakaran regarding realization of money.

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-02-28
Duration
approximately-6 years 3 months
Case Closed
Wed, 02/28/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. DBFS Finance and Leasing India Ltd. has filed a suit for the realization of money against Shyju.A.S. and A.R. Sudhakaran. The defendants defaulted on a loan repayment of Rs.77,973/- taken for business purposes.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.77,973/- along with interest. The defendants are also held liable for the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.77,973/- 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs.77,973/- along with interest. The defendants are also held liable for the decree debt.
Why Plaintiff Won:
Plaintiff established a case and proved the default in repayment.
Losing Side's Weaknesses:
Plaintiff established a case and proved the 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.77,973/- with interest from defendants.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendants shall pay Rs.77,973/- 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
Shyju.A.S.
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
A.R. Sudhakaran
Party Age
67
Relation
S/o
Plaintiffs Documents
Loan Applications submitted by the defendants, Loan Sanction Letter, Loan Agreement between the defendants and the plaintiff, Letter/Notice issued by the plaintiff to the defendant.
Defendants Documents

Advocates

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

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize an amount of Rs.77,973 along with interest.
Evidence:
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.77,973 with interest from defendants.
Relief Type: Interest
Outcome: Partly Granted
Description:
Defendants are directed to pay interest at the rate of 9% per annum from suit date till decree date, and 6% from decree date till payment.
Evidence:
Defendants are directed to pay interest at the rate of 9% per annum from the date suit till the date of decree, and 6% from the date of decree till the date of payment or realization.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Loan Applications
Submitted By: Plaintiff
Relevance:
Document showing loan applications submitted by the defendants for the loan.
Reference:
Ext.A2
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
Document evidencing the sanction of a loan of Rs.1,50,000 to the defendants.
Reference:
Ext.A3
Document Type: Loan Agreement
Submitted By: Plaintiff
Relevance:
Agreement executed by the defendants for the business loan.
Reference:
Ext.A4
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the plaintiff to the defendants for default in loan repayment.
Reference:
Ext.A5
Document Type: Ledger Account
Submitted By: Plaintiff
Relevance:
Original computer printout of the ledger account of the defendant 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
Case Code
Case between M/s. DBFS Finance and Leasing India Ltd. vs Shyju.A.S., A.R. Sudhakaran regarding realization of money.
Case Code Year
Case between M/s. DBFS Finance and Leasing India Ltd. vs Shyju.A.S., A.R. Sudhakaran regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Wed, 02/28/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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