Case Summary
The plaintiff, a partnership firm, sought recovery of dues from the defendants regarding a hire-purchase agreement for a vehicle. The defendants defaulted on payments, leading the plaintiff to initiate legal action for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹2,03,000 together with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and established the defendants' liability under the hire-purchase agreement.
The evidence presented by the plaintiff was unchallenged and established the defendants' liability under the hire-purchase agreement.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹2,03,000 together with interest at the rate of 6% per annum from the date of the suit till the date of realisation.
Parties Involved
Plaintiffs
M/s Global Capital Credit Perumbavoor (null years)
Pottackal House, Kanjirakkad Kara, Perumbavoor Kara, Perumbavoor Village, Pin-683542
Defendants
Bibin P Chandran (35 years)
Parappurathukudy House, Kombanad P. O., Krariyeli Kara, Kombanad Village, Ernakulam District, Kunnathunadu Taluk, Pin-683555
Vilasini Chandran (55 years)
Parappurathukudy House, Kombanad P. O., Krariyeli Kara, Kombanad Village, Ernakulam District, Kunnathunadu Taluk, Pin-683555
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted recovery of the outstanding amount due under the hire-purchase agreement.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants are jointly and severally directed to pay to the plaintiff a sum of ₹1,59,900/-, 2,03,000/- together with interest at the rate of 6% per annum from the date of the suit till the date of realisation, and the costs of the suit.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of partnership deed proving the plaintiff's authority to represent the firm.
Reference:
Ext.A1
Document Type:
Vehicle Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement for the vehicle in question.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the second defendant acknowledging the outstanding liability.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo confirming the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding payment after the cheque was dishonoured.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the lawyer's notice.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the notice by the second defendant.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed in the pending case regarding the dishonoured cheque.
Reference:
Ext.A8