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
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
Why Plaintiff Won:
Plaintiff established a case and proved the default in repayment.
Plaintiff established a case and proved the default in repayment.
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
Plaintiffs
M/s. DBFS Finance and Leasing India Ltd. (Age not specified years)
111/947, Smart Centre, Vazhakala, Kochi, Pin – 682 021
Defendants
Shyju.A.S. (40 years)
Attasser House, Viyyur.P.O., Thrissur, Pin – 680 010
A.R. Sudhakaran (67 years)
Attasser House, Viyyur.P.O., Thrissur, Pin – 680 010
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