Case Summary
The plaintiff, Indian Overseas Bank, is seeking to recover a loan amount from the defendant, Abhilash.R, who has defaulted on repayment. The court found the plaintiff's evidence unchallenged due to the defendant being absent and set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,13,193.32/- with interest at the rate of 12.76% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹1,13,193.32/- along with interest and costs from the defendant. The defendant failed to appear and respond to the suit.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
The evidence from the plaintiff was unchallenged due to the defendant being set ex parte.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise ₹1,13,193.32/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Abhilash.R
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Loan Application, Credit Sanction Advice, Demand Promissory Note, Letter of Guarantee, Deed of hypothecation, Consent cum authorization letter, Lawyer’s Notice, Statement of Account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Koottappu. U. Mujeeb
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize ₹1,13,193.32/- from the defendant and his assets.
Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹1,13,193.32/- from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize interest at the rate of 12.76% per annum with monthly rests from 31/10/2014 till the date of decree.
Evidence:
2.Plaintiff is allowed to realise interest at the rate of 12.76% per annum with monthly rests from 31/10/2014 till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3.Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realize the costs of the suit from the defendant and his assets.
Evidence:
4.Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant to apply for a vehicle loan.
Reference:
Ext.A1
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
This document outlines the sanction of the vehicle loan to the defendant by the plaintiff bank.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the formal promise made by the defendant to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
This document provides a guarantee related to the loan taken by the defendant.
Reference:
Ext.A4
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the bank's interest in the vehicle loaned to the defendant.
Reference:
Ext.A5
Document Type:
Consent cum Authorization Letter
Submitted By:
Plaintiff
Relevance:
This document authorizes the actions related to the loan.
Reference:
Ext.A6
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal notice regarding the default in loan repayment.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding amount due from the defendant as of a certain date.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Indian Overseas Bank vs Abhilash.R regarding recovery of money.
Case Code Year
Case between Indian Overseas Bank vs Abhilash.R regarding recovery of money.