Case Summary
The Bank of India filed a suit against A.M Kalam for the recovery of a loan amount. The defendant defaulted on the repayment leading the bank to take legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.1,51,912 together with interest.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff bank, allowing them to recover the owed amount along with interest.
Why Plaintiff Won:
The plaintiff was entitled to a decree based on the unchallenged evidence presented.
The plaintiff was entitled to a decree based on the unchallenged evidence presented.
Losing Side's Weaknesses:
The plaintiff was entitled to a decree based on the unchallenged evidence presented.
The plaintiff was entitled to a decree based on the unchallenged evidence presented.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A10 documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.1,51,912...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- A.M Kalam
Plaintiffs Documents
Application for loan, Loan sanction letter, Demand Promissory Note, Bearer letter, Installment letter, Hypothecation cum loan agreement, Composite agreement, Photocopy of RC Book, True copy of legal notice, Computer printout of statement of account from 11.03.2016 to 07.03.2019
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Umarani M.N.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff bank is allowed to recover Rs.1,51,912 along with interest from the defendant.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.1,51,912... from the date of decree till entire realization in full from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Application for Loan
Submitted By:
Plaintiff
Relevance:
This document relates to the application made by the defendant for the loan sanctioned by the plaintiff bank.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document confirms the sanctioning of the loan amount to the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendant agreed to repay the loan amount through this promissory note.
Reference:
Ext.A3
Document Type:
Bearer letter
Submitted By:
Plaintiff
Relevance:
This document is related to the loan repayment.
Reference:
Ext.A4
Document Type:
Installment letter
Submitted By:
Plaintiff
Relevance:
This document outlines the installment repayment schedule for the loan.
Reference:
Ext.A5
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
This agreement hypothecates the purchased vehicle as security for the loan.
Reference:
Ext.A6
Document Type:
Composite Agreement
Submitted By:
Plaintiff
Relevance:
This document states that the demand promissory note serves as continuing security for the loan.
Reference:
Ext.A7
Document Type:
Photocopy of RC Book
Submitted By:
Plaintiff
Relevance:
This document is related to the vehicle financed by the loan.
Reference:
Ext.A8
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document indicates the legal notice sent to the defendant regarding the loan repayment.
Reference:
Ext.A9
Document Type:
Computer printout of Statement of account
Submitted By:
Plaintiff
Relevance:
This document shows the transactions related to the loan account from the date of loan to the date of judgment.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Bank of India vs A.M Kalam regarding realisation of money
Case Code Year
Case between Bank of India vs A.M Kalam regarding realisation of money