Case Summary
The case involves Bank of India seeking to recover a loan amount from Mr.Samjith P.V, the proprietor of SR Food Products. The defendant defaulted on the loan repayment despite multiple requests from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realize Rs.5,23,000/- from the defendant with interest at the rate of 10.6 per cent.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount with interest.
Why Plaintiff Won:
The plaintiff's case was proved by the unchallenged testimony and documents provided by their witness.
The plaintiff's case was proved by the unchallenged testimony and documents provided by their witness.
Losing Side's Weaknesses:
The plaintiff's case was proved by the unchallenged testimony and documents provided by their witness.
The plaintiff's case was proved by the unchallenged testimony and documents provided by their witness.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by her.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.5,23,000/- from the defendant...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Party Role
- Defendant
- Party Name
- Mr.Samjith P.V
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Loan sanction letter, Promising note, Loan under taking agreement, Hypothecation cum loan agreement, Acknowledgement of Debt and Security, Copy of Lawyer notice, Postal acknowledgement card, Certified Copy of term loan account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.C Ratnakaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Lissy.K.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount from the defendant.
Evidence:
The suit is decreed as follows: 1.The plaintiff shall be entitled to realize Rs.5,23,000/- (Rupees five lakhs twenty three thousand only) from the defendant with interest at the rate of 10.6 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The defendant is ordered to pay costs of the proceedings to the plaintiff.
Evidence:
2.The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document is the sanction letter for the cash credit dated 18.07.2019.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note issued by the defendant in favor of the plaintiff.
Reference:
Ext.A2
Document Type:
Loan undertaking agreement
Submitted By:
Plaintiff
Relevance:
This document is the agreement under which the defendant undertakes the loan.
Reference:
Ext.A3
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
This document is the hypothecation agreement related to the loan provided.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the debt and security dated 07.01.2022.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendant recalling the loan.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as a postal acknowledgment for the notice sent.
Reference:
Ext.A7
Document Type:
Certified copy of term loan account
Submitted By:
Plaintiff
Relevance:
This document contains the details of the term loan and unearned interest account.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Bank of India vs Mr.Samjith P.V regarding realization of money
Case Code Year
Case between Bank of India vs Mr.Samjith P.V regarding realization of money