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O.S. No. 1236 of 2016

Case between M/s. Shangrilla Financial Services Ltd. vs Anu Sasidharan et al regarding realisation of money

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-02-07
Duration
approximately-7 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. Shangrilla Financial Services Ltd. is suing the defendants for the repayment of a vehicle loan. The defendants defaulted on the loan amount, leading to the plaintiff seeking legal remedy.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing them to recover the loan amount due along with interest from the defendants.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff company is allowed to recover Rs.4,45,929 together with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the loan amount due along with interest from the defendants.
Why Plaintiff Won:
The plaintiff's claims were supported by unrebutted evidence and the loan agreement.
Losing Side's Weaknesses:
The plaintiff's claims were supported by unrebutted evidence and the loan agreement.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A7 documents the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff company is allowed to recover Rs.4,45,929 together with interest at the rate of 9% per annum from the date of suit till the date of decree...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Shangrilla Financial Services Ltd.
Party Role
Defendant
Party Name
Anu Sasidharan
Relation
S/o
Party Role
Defendant
Party Name
Kumari Sasidharan
Party Age
53
Relation
W/o
Party Role
Defendant
Party Name
Praveen P P
Plaintiffs Documents
Application for vehicle loan, Letter of undertaking, Registration certificate of car bearing Registration No. KL-45-K-7442, Statement of account of the vehicle loan, True copy of the lawyer notice, Photocopy of Title Deed No. 248/1997, Photocopy of the Land Tax receipt
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Pearson.S.Fernandez
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Peter Babu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff company is allowed to recover Rs.4,45,929 with interest.
Evidence:
The plaintiff company is allowed to recover Rs.4,45,929/­ (Rupees Four lakhs Forty Five thousand Nine hundred and Twenty Nine only) together with interest at the rate of 9% per annum from the date of suit till the date of decree and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff company is also entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff company is also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Application for Vehicle Loan
Submitted By: Plaintiff
Relevance:
This document shows the request for the vehicle loan made by the defendants to the plaintiff company.
Reference:
Ext.A1
Document Type: Letter of undertaking
Submitted By: Plaintiff
Relevance:
This document contains the undertaking by the defendants to repay the loan amount.
Reference:
Ext.A2
Document Type: Registration Certificate
Submitted By: Plaintiff
Relevance:
This document serves as evidence of the registration of the car for which the loan was taken.
Reference:
Ext.A3
Document Type: Statement of account of the vehicle loan
Submitted By: Plaintiff
Relevance:
This document provides details about the transactions and outstanding amount for the vehicle loan.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is a notice sent by the plaintiff company to the defendants regarding the overdue payment.
Reference:
Ext.A5
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
This document provides security for the loan.
Reference:
Ext.A6
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document supports the claim of security for the loan.
Reference:
Ext.A7

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. Shangrilla Financial Services Ltd. vs Anu Sasidharan et al regarding realisation of money
Case Code Year
Case between M/s. Shangrilla Financial Services Ltd. vs Anu Sasidharan et al regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 04/15/2016 - 12:00
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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