Case Summary
The plaintiff, Bank of India, has filed a suit against the defendants, Mrs. Anu Priya Prasad and Mr. Shiva Prasad, to recover a loan amount due. The defendants failed to repay the loan leading to the legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,43,748 along with interest and costs
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling them to recover the loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff established the claim through documented evidence and testimony.
The plaintiff established the claim through documented evidence and testimony.
Losing Side's Weaknesses:
The plaintiff established the claim through documented evidence and testimony.
The plaintiff established the claim through documented evidence and testimony.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A10 series established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.2,43,748 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mrs. Anu Priya Prasad
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Shiva Prasad
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Original loan application, Original sanction letter, Original promissory note, Original letter of installment, Original loan agreement, Original agreement of hypothecation, Original deed of guarantee, Original letter of acknowledgment, Copy of legal notice, Original postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinod Jabbar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the principal amount due from the defendants.
Evidence:
The plaintiff is entitled to realize Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest on the due amount from the date of suit.
Evidence:
The plaintiff is entitled to realize interest @ 11.95% per annum for Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest on the due amount from the date of decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Establishes the existence of the loan and its terms.
Reference:
Ext.A1
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirms the loan approval by the bank.
Reference:
Ext.A2
Document Type:
Original promissory note executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Serves as a commitment from the 1st defendant to repay the loan.
Reference:
Ext.A3
Document Type:
Original letter of installment signed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Details the installment repayment schedule agreed by the 1st defendant.
Reference:
Ext.A4
Document Type:
Original loan agreement executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Formalizes the loan terms and conditions agreed upon by the 1st defendant.
Reference:
Ext.A5
Document Type:
Original agreement of hypothecation
Submitted By:
Plaintiff
Relevance:
Secures the loan against the property of the defendants.
Reference:
Ext.A6
Document Type:
Original deed of guarantee executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Indicates that the 1st defendant guarantees the loan repayment.
Reference:
Ext.A7
Document Type:
Original letter of acknowledgment
Submitted By:
Plaintiff
Relevance:
Confirms the defendants' acknowledgment of the loan and its terms.
Reference:
Ext.A8
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff attempted to notify the defendants of their default.
Reference:
Ext.A9
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of notice sent to defendants regarding the dues.
Reference:
Ext.A10 series
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Supports the plaintiff's case through unrefuted testimony of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of India vs Mrs. Anu Priya Prasad et al regarding suit for realization of money
Case Code Year
Case between Bank of India vs Mrs. Anu Priya Prasad et al regarding suit for realization of money