Case Summary
Shinod A.J filed a petition for a permanent prohibitor injunction to prevent the defendants from taking physical possession of a vehicle he owns, financed by them. The defendants claim the plaintiff has defaulted on the loan agreement and can take possession as per the arbitration provisions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants, their agents and the persons acting under them from taking physical possession of the plaint schedule vehicle except in accordance with due process of law
Case Type
Injunction
Final Judgment
No
The petition for injunction was allowed, preventing the defendants from taking physical possession of the vehicle except in accordance with due process of law.
Why Plaintiff Won:
The plaintiff demonstrated a prima-facie case and balance of convenience in his favor.
The plaintiff demonstrated a prima-facie case and balance of convenience in his favor.
Losing Side's Weaknesses:
The plaintiff demonstrated a prima-facie case and balance of convenience in his favor.
The plaintiff demonstrated a prima-facie case and balance of convenience in his favor.
Supporting Evidence
The contention of the petitioner is that the petitioner is the owner of plaint schedule vehicle... The defendants are not acting legally and the petitioner has not received any order authorizing the defendants to take physical possession of the vehicle.
Judgment Evidence:
In the result, the petition is allowed as follows: The defendants, their agents and the persons acting under them from taking physical possession of the plaint schedule vehicle except in accordance with due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shinod A.J
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Branch Manager, M/s Sundaram Finance Limited
- Party Role
- Defendant
- Party Name
- Sundaram Finance Limited
- Relation
- Represented by
Plaintiffs Documents
Attested copy of the registration certificate, Copy of the Policy Certificate, Copy of the license issued by the food safety and standards Authority of India, The latest bill for supplying the goods by Parle Biscuits Pvt Ltd.
Defendants Documents
Copy Loan Agreement, Copy of Award in Arbitration Case No. MCCI/SP/414 of 2023.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thirumala P.K. Mani
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the defendants from taking physical possession of the vehicle
Evidence:
The petition is allowed as follows: The defendants, their agents and the persons acting under them from taking physical possession of the plaint schedule vehicle except in accordance with due process of law.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proves plaintiff's ownership of the vehicle
Reference:
Ext.A1
Document Type:
Policy Certificate
Submitted By:
Plaintiff
Relevance:
Shows insurance coverage of the vehicle owned by the plaintiff
Reference:
Ext.A2
Document Type:
Food Safety License
Submitted By:
Plaintiff
Relevance:
Validates the plaintiff's wife's business operations
Reference:
Ext.A3
Document Type:
Bill for Supply of Goods
Submitted By:
Plaintiff
Relevance:
Supports plaintiff's operational status of the business associated with the vehicle
Reference:
Ext.A4
Document Type:
Loan Agreement
Submitted By:
Defendant
Relevance:
Details the terms of the loan provided to the plaintiff for the vehicle
Reference:
Ext.B1
Document Type:
Arbitration Award
Submitted By:
Defendant
Relevance:
Establishes the amount owed by the plaintiff according to the arbitration proceedings
Reference:
Ext.B2
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Shinod A.J vs The Branch Manager, M/s Sundaram Finance Limited regarding permanent prohibitor injunction
Case Code Year
Case between Shinod A.J vs The Branch Manager, M/s Sundaram Finance Limited regarding permanent prohibitor injunction