Case Summary
This case involves M/s. Shangrilla Financial Services Ltd. suing Anu Sasidharan and others for the recovery of a loan amount. The defendants failed to repay the loan despite receiving financial assistance for purchasing a car.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
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 and thereafter @ 6% per annum till entire realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the amount due from the defendants. The defendants were ordered to pay the loan along with interest.
Why Plaintiff Won:
The plaint averments stand proved through the unrebutted evidence.
The plaint averments stand proved through the unrebutted evidence.
Losing Side's Weaknesses:
The plaint averments stand proved through the unrebutted evidence.
The plaint averments stand proved through the unrebutted evidence.
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...
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
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff company is allowed to recover Rs.4,45,929 from the defendants 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 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 was part of the loan agreement with the defendants.
Reference:
Ext.A1
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document was executed by the defendants to confirm their promise to repay the loan.
Reference:
Ext.A2
Document Type:
Registration certificate of car
Submitted By:
Plaintiff
Relevance:
This document confirms the registration of the car purchased with the loan.
Reference:
Ext.A3
Document Type:
Statement of account of the vehicle loan
Submitted By:
Plaintiff
Relevance:
This document reflects the outstanding amount owed by the defendants.
Reference:
Ext.A4
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was sent to the defendants to demand payment.
Reference:
Ext.A5
Document Type:
Photocopy of Title Deed No. 248/1997
Submitted By:
Plaintiff
Relevance:
This document was offered as security for the loan by the second defendant.
Reference:
Ext.A6
Document Type:
Photocopy of the Land Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim related to the property offered as security.
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