Case Summary
Ace Finlease Pvt Ltd is a banking company that filed a suit against Samarjan K. K and Rajnas for the recovery of a loan amount of Rs. 2,50,000. The defendants borrowed the amount and defaulted on repayment according to the agreed terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay a sum of Rs.2,45,000/- to the plaintiff with interest at the rate of 12 percent from 31.03.2021 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The defendants were ordered to pay a sum of Rs. 2,45,000 with interest due from the date of loan.
Why Plaintiff Won:
The plaintiff successfully proved the loan agreement and the defendants' liability to repay the amount owed.
The plaintiff successfully proved the loan agreement and the defendants' liability to repay the amount owed.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan agreement and the defendants' liability to repay the amount owed.
The plaintiff successfully proved the loan agreement and the defendants' liability to repay the amount owed.
Supporting Evidence
The admission of the defendants that they have availed loan of Rs.2,50,000/- and the oral testimony of the PW1 and the documents produced by the PW1 proves the case of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants shall pay a sum of Rs.2,45,000/- to the plaintiff with interest at the rate of 12 per cent from 31.03.2021 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ace Finlease Pvt Ltd
- Party Role
- Plaintiff
- Party Name
- M. K. Rajesh
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Samarjan K. K
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajnas
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Certified copy of Power of Attorney, Loan agreement executed between plaintiff and defendant, Promissory Note, Encumbrance certificate issued by the Department of Registration Kerala, Certified copy of extract of the computerized ledger account during the period from 31.03.2021 to 23.11.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheela. T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Radhika. G. Iyyar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants shall pay a sum of Rs.2,45,000/- to the plaintiff with interest.
Evidence:
In the result, the suit is decreed as follows: 1. The defendants shall pay a sum of Rs.2,45,000/- to the plaintiff with interest at the rate of 12 per cent from 31.03.2021 till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants shall pay costs of the proceeding to the plaintiff.
Evidence:
2. Defendants shall pay costs of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of power of attorney dated 21.06.2016.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Loan agreement entered into between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant to the plaintiff dated 31.03.2021.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance certificate issued by the Department of Registration Kerala dated 23.11.2021.
Reference:
Ext.A4
Document Type:
Computerized Ledger Account
Submitted By:
Plaintiff
Relevance:
Certified extract of the computerized ledger account maintained by the plaintiff with respect to the transaction of defendant from 31.03.2021 to 23.11.2021.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Ace Finlease Pvt Ltd vs Samarjan K. K et al regarding realisation of money
Case Code Year
Case between Ace Finlease Pvt Ltd vs Samarjan K. K et al regarding realisation of money