Case Summary
M/s. Deedi Financial Services Pvt Ltd, a non-banking finance company, has filed a suit against Anilkumar G. and Aju K. Madhu for recovery of a loan amount. The defendants defaulted on the loan agreement leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,65,440/- with 6% interest from the date of the suit until realization, along with costs.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The oral and documentary evidence adduced by the plaintiff established the defendants' liability for the outstanding amount, with no evidence provided by the defendants to refute this.
The oral and documentary evidence adduced by the plaintiff established the defendants' liability for the outstanding amount, with no evidence provided by the defendants to refute this.
Losing Side's Weaknesses:
The oral and documentary evidence adduced by the plaintiff established the defendants' liability for the outstanding amount, with no evidence provided by the defendants to refute this.
The oral and documentary evidence adduced by the plaintiff established the defendants' liability for the outstanding amount, with no evidence provided by the defendants to refute this.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of ₹1,65,440/- is due from the defendants. The documents produced by the plaintiff show that the defendants are liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to realize an amount of 1,65,440 ₹/- (Rupees One Lakh Sixty-five Thousand Four Hundred and Forty Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Deedi Financial Services Pvt Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anilkumar G.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aju K. Madhu
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Original loan application dated 28/10/2019, Original loan agreement dated 28/10/2019, Original agreement of guarantee dated 28/10/2019, Copy of the advocate's notice dated 22/03/2021, Copy of the advocate's notice dated 05/01/2023, Postal receipt dated 05/01/2023, Acknowledgment card signed by the defendant, Statement of accounts from 28/11/2019 to 28/10/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. James Ninan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹1,65,440/- with 6% interest from the date of the suit until the date of realization.
Evidence:
In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of 1,65,440 ₹/- (Rupees One Lakh Sixty-five Thousand Four Hundred and Forty Only) with 6% interest from the date of the suit until the date of realization, from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
In the result; the suit is decreed as follows: (b) The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application dated 28/10/2019 signed by the defendant.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original loan agreement dated 28/10/2019 signed by the defendant.
Reference:
Ext.A2
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
Original agreement of guarantee dated 28/10/2019.
Reference:
Ext.A3
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate's notice dated 22/03/2021.
Reference:
Ext.A4
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the advocate's notice dated 05/01/2023.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 05/01/2023.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 05/01/2023.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by the defendant.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter signed by the 1st defendant dated 03/01/2022 addressed to the Manager of Deedi Financial Services Pvt. Ltd.
Reference:
Ext.A9
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts from 28/11/2019 to 28/10/2022.
Reference:
Ext.A10
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Extract of the minutes of the Board of Directors meeting of the plaintiff, dated 13/12/2019.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act