Case Summary
SML Finance Limited filed a suit against Sidheeq and Mariyamu for defaulting on loan repayment amounting to Rs. 54,248 inclusive of interest and charges.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of money with interest
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court ordered the defendants to pay Rs. 54,248 with 12% interest per annum to the plaintiff and the costs of the suit.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
PW1 filed affidavit in lieu of examination- in-chief reiterating the averments in the plaint. Since the defendant 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 reliable evidence and plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, it is hereby ordered and decreed as follows: 1) The defendant do pay an amount of Rs. 54,248/- with interest at the rate of 12% per annum compound at monthly rest on Rs. 41,650/- to the plaintiff from the date of suit till realization. 2) The defendant do pay the costs of suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SML Finance Limited
- Relation
- Represented by Assistant Manager, T.S. Manoj, S/o. Sankaran Kutty
- Party Role
- Defendant
- Party Name
- Sidheeq
- Party Age
- 46
- Relation
- S/o. Muhammad Kutty
- Party Role
- Defendant
- Party Name
- Mariyamu
- Party Age
- 39
- Relation
- W/o. Sidheeq
Plaintiffs Documents
Hire purchase agreement dated 4-08-2016
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. Beena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordered defendants to pay Rs. 54,248 with interest
Evidence:
In the result, it is hereby ordered and decreed as follows: 1) The defendant do pay an amount of Rs. 54,248/- with interest at the rate of 12% per annum compound at monthly rest on Rs. 41,650/- to the plaintiff from the date of suit till realization.
Documents & Evidence
Document Type:
Hire Purchase Agreement
Submitted By:
Plaintiff
Relevance:
Proved loan agreement and terms of repayment
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breach of Loan Agreement
Case Code
Case between SML Finance Limited vs Sidheeq et al regarding loan realization
Case Code Year
Case between SML Finance Limited vs Sidheeq et al regarding loan realization