Case Summary
SML Finance Limited filed a suit against the defendants for the recovery of loan amount along with interest and charges under a hire purchase agreement for a motorcycle.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of loan amount with interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of Rs. 32,474 with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff proved its case by adducing cogent and reliable evidence as the defendants remained ex-parte.
The plaintiff proved its case by adducing cogent and reliable evidence as the defendants remained ex-parte.
Losing Side's Weaknesses:
The plaintiff proved its case by adducing cogent and reliable evidence as the defendants remained ex-parte.
The plaintiff proved its case by adducing cogent and reliable evidence as the defendants remained ex-parte.
Supporting Evidence
PW1 filed affidavit in lieu of examination in chief reiterating the averments in the plaint. Since the defendants remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. So, the plaintiff has proved its case by adducing cogent and reliable evidence and the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is allowed to realise an amount of Rs.32,474/- with interest at the rate of 6% per annum from the date of suit till realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SML Finance limited
- Party Role
- Defendant
- Party Name
- Rafeekh
- Relation
- S/o. Ibrahim
- Party Role
- Defendant
- Party Name
- Ibrahim
- Relation
- S/o. Marakkar
Plaintiffs Documents
Exhibit A1 : Hire Purchase Agreement
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Recovery of loan amount with interest
Evidence:
The court decreed in favor of the plaintiff, allowing the recovery of Rs. 32,474 with interest and costs from the defendants.
Documents & Evidence
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Proof of hire purchase agreement between the parties.
Reference:
Exhibit A1
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Default in repayment under hire purchase agreement
Case Code
Case between SML Finance Limited vs Rafeekh et al regarding loan repayment
Case Code Year
Case between SML Finance Limited vs Rafeekh et al regarding loan repayment