Case Summary
The South Indian Bank filed a suit against Aneesh Kumar B for the recovery of Rs. 6,14,407.15 under a loan agreement that the defendant defaulted on. The plaintiff claims that despite multiple reminders and legal notices, the defendant failed to repay the loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 6,14,407.15 with interest at the rate of 6% per annum until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the outstanding loan amount with interest. The defendant is also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully proved the case by presenting sufficient evidence.
The plaintiff successfully proved the case by presenting sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A11 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 6,14,407.15/- (Rupees Six Lakhs Fourteen Thousand Four Hundred Seven and Paise Fifteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank, Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aneesh Kumar. B
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan sanction intimation, Credit facility agreement, Demand promissory note, Agreement for hypothecation, Acknowledgment of receipt, Renewal of credit facilities, Acknowledgment of debt, Office copy of legal notice, Postal receipt, Returned postal article, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- SAJU GEORGE
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover the outstanding amount.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 6,14,407.15/- with interest at the rate of 6% per annum from the date of suit till the date of realisation from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Sanction of cash credit loan to the defendant.
Reference:
Ext.A1
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed for the cash credit loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note signed by the defendant for the loan.
Reference:
Ext.A3
Document Type:
Agreement for Hypothecation
Submitted By:
Plaintiff
Relevance:
Agreement regarding the hypothecation of stock.
Reference:
Ext.A4
Document Type:
Acknowledgment of Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment received for loan documentation.
Reference:
Ext.A5
Document Type:
Renewal of credit facilities
Submitted By:
Plaintiff
Relevance:
Renewal documentation for loan facilities.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging liability for the debt.
Reference:
Ext.A7
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant for recovery.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing delivery of legal notice.
Reference:
Ext.A9
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
Returned notice indicating evasion.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the outstanding amount due.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank, Ltd et al vs Aneesh Kumar. B regarding realization of money
Case Code Year
Case between The South Indian Bank, Ltd et al vs Aneesh Kumar. B regarding realization of money