Case Summary
Rohini Lease and General Financiers is a registered partnership firm providing loans. The defendants defaulted on repayment of a sanctioned loan amount of Rs.50,000/- and have only repaid Rs.20,000/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realise Rs.79,978/- with interest at the rate of 9 per cent from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's suit for loan repayment is decreed, allowing them to recover dues from the defendants.
Why Plaintiff Won:
The agreement clearly stated the repayment terms and the defendants' defaults.
The agreement clearly stated the repayment terms and the defendants' defaults.
Losing Side's Weaknesses:
The agreement clearly stated the repayment terms and the defendants' defaults.
The agreement clearly stated the repayment terms and the defendants' defaults.
Supporting Evidence
The PW1 has categorically deposed regarding the transaction between himself and the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.79,978/- from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rohini Lease and General Financiers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Seetha Lakshmi.M
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anitha
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Certified copy of loan application, Certified copy agreement executed between plaintiff and Defendant, Attested copy of loan account ledger of Defendant, Debt acknowledgment original executed by defendant to plaintiff, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Shyju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realise Rs.79,978/- from the defendant with interest.
Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.79,978/- (Rupees seventy nine thousand nine hundred and seventy eight only) from the defendant with interest at the rate of 9 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
2. The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified copy of loan application
Submitted By:
Plaintiff
Relevance:
Used to establish the loan application submitted by the defendants.
Reference:
Ext.A1
Document Type:
Certified copy agreement executed between plaintiff and Defendant
Submitted By:
Plaintiff
Relevance:
Key piece of evidence outlining the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Attested copy of loan account ledger of Defendant (Photocopy)
Submitted By:
Plaintiff
Relevance:
Provided details on the loan account status and payments made by the defendants.
Reference:
Ext.A3
Document Type:
Debt acknowledgment original executed by defendant to plaintiff
Submitted By:
Plaintiff
Relevance:
Demonstrated the defendant's acknowledgment of the debt.
Reference:
Ext.A4
Document Type:
Debt acknowledgment original executed by defendant to plaintiff
Submitted By:
Plaintiff
Relevance:
Further evidence of the defendant's acknowledgment of the debt.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Showed that the plaintiff had sent notice to the defendants regarding the dues.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the delivery of the lawyer's notice to the defendants.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the delivery of subsequent communication.
Reference:
Ext.A8
Document Type:
Un served Postal cover
Submitted By:
Plaintiff
Relevance:
Indicated that a notice was sent but not received by the defendants.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Served as proof of receipt of communication by the defendants.
Reference:
Ext.A10
Document Type:
Certified copy of True extract of Register of firms issue
Submitted By:
Plaintiff
Relevance:
Provided verification of the plaintiff's registration as a firm.
Reference:
Ext.A11
Document Type:
Certified Copy of Licence
Submitted By:
Plaintiff
Relevance:
Demonstrated the legal standing of the plaintiff to issue loans.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Rohini Lease and General Financiers vs Seetha Lakshmi et al regarding loan repayment.
Case Code Year
Case between Rohini Lease and General Financiers vs Seetha Lakshmi et al regarding loan repayment.