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ORIGINAL SUIT No. 354 OF 2015

Case between M/s Bharathi Auto Finance vs Musthafa et al regarding money realization

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-09-27
Duration
2 years 5 days
Case Closed
Wed, 09/27/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff filed a suit seeking realization of money borrowed by the defendants which they failed to repay as per agreement, including handing over property deed as security.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding amount with interest and costs.
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 1,80,000 with 6% interest per annum till realization
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay the outstanding amount with interest and costs.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence of the transaction, while the defendants failed to substantiate their defense.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence of the transaction, while the defendants failed to substantiate their defense.
Supporting Evidence
The plaintiff proved his case with cogent and reliable evidence. The burden was on the defendants to establish their case with sufficient evidence, which they failed to do.

Judgment Evidence:

In the result the suit is decreed as follows: 1. Defendant is directed to pay an amount of Rs. 1,80,000/-( Rupees one lakh and eighty thousand only) with interest at the rate of 6% per annum till realization of the suit. 2. Defendant is directed to pay the costs of the suit

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Bharathi Auto Finance
Relation
Managing Partner
Party Role
Defendant
Party Name
Musthafa
Party Age
41
Relation
S/o Kizhakkoott Valappil Saidu
Party Role
Defendant
Party Name
Beevathukutty
Party Age
35
Relation
W/o Kizhakkoott Valappil Musthafa, D/o Karappam Veettil Saidu Muhammed
Plaintiffs Documents
Pronote, Registered Lawyer Notice with Postal Receipt, Unclaimed cover, Theeradharam, Certificate, Application for Registration, Letter, True copy of Partnership Deed, Copy of Acknowledgement of Registration
Defendants Documents
Not mentioned

Advocates

Reliefs

Relief Type: Money Recovery
Outcome: Granted
Description:
Payment of Rs. 1,80,000 with 6% interest per annum till realization
Evidence:
The plaintiff provided cogent and reliable evidence of the transaction, while the defendants failed to substantiate their defense.

Documents & Evidence

Document Type: Pronote
Submitted By: Plaintiff
Relevance:
Evidence of agreement between parties for repayment
Reference:
A1
Document Type: Registered Lawyer Notice with Postal Receipt
Submitted By: Plaintiff
Relevance:
Notice sent to the defendants demanding repayment
Reference:
A2
Document Type: Unclaimed cover with A/D Card
Submitted By: Plaintiff
Relevance:
Proof of unclaimed notice
Reference:
A3
Document Type: Property Deed
Submitted By: Plaintiff
Relevance:
Security provided by defendants for the transaction
Reference:
A4

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
Money Borrowing Dispute
Case Code
Case between M/s Bharathi Auto Finance vs Musthafa et al regarding money realization
Case Code Year
Case between M/s Bharathi Auto Finance vs Musthafa et al regarding money realization

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 09/22/2015 - 12:00
Case Closed
Wed, 09/27/2017 - 12:00
From
Fri, 09/01/2017 - 12:00
To
Sat, 09/30/2017 - 12:00
Outcome Confidence
90%

Involved Entities

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