Case Summary
Rohini Lease and General Financiers is a registered money lending institution. The defendants had availed a loan of Rs.85,000/- which they failed to repay as per the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.85,000/- with interest at the rate of 9 percent from 28.10.2016 till the date of decree
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs and the defendants are directed to pay Rs.85,000/- to the plaintiff with interest.
Why Plaintiff Won:
The plaintiff proved their case through unchallenged testimony and provided adequate documentation.
The plaintiff proved their case through unchallenged testimony and provided adequate documentation.
Losing Side's Weaknesses:
The plaintiff proved their case through unchallenged testimony and provided adequate documentation.
The plaintiff proved their case through unchallenged testimony and provided adequate documentation.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A12 documents tendered in evidence.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendants are directed to pay Rs.85,000/- to the plaintiff with interest at the rate of 9 per cent from 28.10.2016 till the date of decree and thereafter at 6 per cent till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rohini Lease and General Financiers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Firoz
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Misriya.T.K
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Loan Application, Loan Agreement, Copy of lawyer notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Shyju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajesh Odukkathil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the loan amount including interest.
Evidence:
In the result, the suit is decreed with costs and the defendants are directed to pay Rs.85,000/- to the plaintiff with interest at the rate of 9 per cent.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence showing the terms under which the loan was granted.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement between the plaintiff and the first defendant regarding the loan.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice serves as an evidence of the plaintiff's demand for repayment prior to filing the suit.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is proof of sending the lawyer's notice.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Another document showing the procedure of sending correspondence related to the loan.
Reference:
Ext.A5
Document Type:
Un delivered cover
Submitted By:
Plaintiff
Relevance:
This document indicates issues in delivery, which may relate to attempts to correspond with the defendants.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card is associated with the correspondence to the defendants.
Reference:
Ext.A7
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
This document shows the defendants' acknowledgment of the debt owed to the plaintiff.
Reference:
Ext.A8
Document Type:
Debt acknowledgment
Submitted By:
Plaintiff
Relevance:
Another acknowledgment confirming the debt from the defendants.
Reference:
Ext.A9
Document Type:
Loan Account Ledger
Submitted By:
Plaintiff
Relevance:
This document tracks the financial transactions related to the loan account.
Reference:
Ext.A10
Document Type:
Copy of Register of Firms
Submitted By:
Plaintiff
Relevance:
This document establishes the legitimacy of the plaintiff's business.
Reference:
Ext.A11
Document Type:
Photocopy of Money Lending Licence
Submitted By:
Plaintiff
Relevance:
This document is necessary to validate the plaintiff's authority to lend money.
Reference:
Ext.A12
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 Rohini Lease and General Financiers vs Firoz et al regarding realisation of money
Case Code Year
Case between Rohini Lease and General Financiers vs Firoz et al regarding realisation of money