Case Summary
The plaintiff, Andra Bank, filed a suit against the defendant, Ajith Khan, for the recovery of an outstanding loan amounting to ₹2,48,308. The defendant allegedly defaulted on the repayment terms of a loan received under the Pradhan Mantri Mudra Yojana.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹2,48,308 with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹2,48,308 with interest and costs from the defendant. The court confirmed the defendant's liability to repay the outstanding loan amount.
Why Plaintiff Won:
The defendant admitted to the loan transaction and his obligation to repay, but failed to establish a legal basis for contesting the claim.
The defendant admitted to the loan transaction and his obligation to repay, but failed to establish a legal basis for contesting the claim.
Losing Side's Weaknesses:
The defendant admitted to the loan transaction and his obligation to repay, but failed to establish a legal basis for contesting the claim.
The defendant admitted to the loan transaction and his obligation to repay, but failed to establish a legal basis for contesting the claim.
Supporting Evidence
The oral and documentary evidence presented by PW1 shows that the defendant owes an amount of ₹2,48,308 to the plaintiff. The documents clearly establish the defendant’s liability and there is no proof that the defendant has cleared this debt.
Judgment Evidence:
In the result; the suit is decreed as follows: The plaintiff is entitled to recover an amount of ₹2,48,308 with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Andra Bank
- Relation
- represented by its Manager, A.P. Ratnagiri
- Party Role
- Defendant
- Party Name
- Ajith Khan
- Party Age
- 46
- Relation
- S/o Hussain
Plaintiffs Documents
Loan Application dated 10.02.2016, Composite Loan Agreement dated 18.02.2016, Sanction Letter dated 18.02.2016, Copy of Legal Notice dated 11.06.2018, Statement of Account dated 18.02.2016 to 18.06.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.S. Mohanan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount from the defendant.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹2,48,308/- (Rupees Two Lakhs Forty-Eight Thousand Three Hundred and Eight only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by the defendant seeking financial assistance from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Composite Loan Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the loan provided to the defendant.
Reference:
Ext.A2
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the approval and disbursement of the loan to the defendant.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the outstanding loan amount.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the payments made and the outstanding balance owed by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2018