Case Summary
M/s. Indian Overseas Bank filed a suit to recover a loan amount of Rs.9,13,923.28 from the defendants, Mrs. Vishwasmitha M.S. and Mr. Aneesharadh N.A., who defaulted on repayments. The bank claimed that multiple reminders were issued but the defendants failed to settle the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.9,13,923.28 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize a sum of Rs.9,13,923.28 from the defendants along with interest and costs. The defendants failed to appear in court and the plaintiff's evidence was accepted as uncontroverted.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The unrebutted oral testimony of PW1 and A1 to A10 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.9,13,923.28 from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Mrs. Vishwasmitha M.S.
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Aneesharadh N.A.
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Credit sanction letter, demand promissory note, agreement of term loan and hypothecation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.N. Sivasankaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Unnikrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.9,13,923.28 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 11.85% per annum from the date of suit.
Evidence:
2. Plaintiff is entitled to realize interest @ 11.85% per annum for Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum from date of decree till realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendants...
Documents & Evidence
Document Type:
Credit Sanction letter
Submitted By:
Plaintiff
Relevance:
The document serves as proof of the credit sanction for the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the financial obligation of the defendants regarding the loan.
Reference:
Ext.A2
Document Type:
Agreement of Term Loan and Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan and the hypothecation of assets as security for repayment.
Reference:
Ext.A3
Document Type:
Request Letter for Payment
Submitted By:
Plaintiff
Relevance:
Serves as a formal request for payment of the installments due.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges the liability of the defendants towards the bank.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of liability and terms regarding the loan repayment.
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Continues the acknowledgment of the debt by the defendants.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A legal notice issued to the defendants concerning their default.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of the communication sent to the defendants.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendants.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of PW1 supported the plaintiff's claims.
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 M/s. Indian Overseas Bank vs Mrs. Vishwasmitha M.S. et al regarding realization of money.
Case Code Year
Case between M/s. Indian Overseas Bank vs Mrs. Vishwasmitha M.S. et al regarding realization of money.