Case Summary
The case involves Bank of Maharashtra as the plaintiff and Pramod.K.M as the defendant regarding the default on a loan. The plaintiff claims that the defendant borrowed money and failed to pay it back as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay jointly and severally Rs.1,19,045/- to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the claimed amount with interest and costs.
Why Plaintiff Won:
The plaint claim of borrowal and default of payment stands proved by the affidavit and documents which remain unchallenged.
The plaint claim of borrowal and default of payment stands proved by the affidavit and documents which remain unchallenged.
Losing Side's Weaknesses:
The plaint claim of borrowal and default of payment stands proved by the affidavit and documents which remain unchallenged.
The plaint claim of borrowal and default of payment stands proved by the affidavit and documents which remain unchallenged.
Supporting Evidence
The plaint claim of borrowal and default of payment stands proved by the affidavit of PW1 and Exts.A1 to A8 documents which remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay jointly and severally Rs.1,19,045/- (Rupees One Lakh Nineteen Thousand And Forty Five Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Maharashtra
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Pramod.K.M
- Party Age
- 48
Plaintiffs Documents
Original Loan application, Demand promissory note, Deed of hypothecation for all facilities, Balance and security confirmation letter by borrower, True copy of lawyer notice, Original postal receipt, Acknowledgment card, Certified extract of the statement of account from 10-01-2018 to 06-01-2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.P.T.Dileep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay Rs.1,19,045/- to the plaintiff with interest.
Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay jointly and severally Rs.1,19,045/- (Rupees One Lakh Nineteen Thousand And Forty Five Only) to the plaintiff with interest at the rate of 6% per annum from the date of the suit till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to the plaintiff.
Evidence:
The defendants are also directed to pay jointly and severally costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Used to establish the initial loan request made by the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the defendant's promise to repay the loan.
Reference:
Ext.A2
Document Type:
Deed of hypothecation for all facilities
Submitted By:
Plaintiff
Relevance:
Document securing the loan against the defendant's assets.
Reference:
Ext.A3
Document Type:
Balance and security confirmation letter by borrower
Submitted By:
Plaintiff
Relevance:
Confirms the borrower's agreement on balance and security.
Reference:
Ext.A4
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used as evidence of attempts to recover the amount due.
Reference:
Ext.A5
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer's notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as evidence of receipt of the notice by the defendant.
Reference:
Ext.A7
Document Type:
Certified extract of the statement of account from 10-01-2018 to 06-01-2024
Submitted By:
Plaintiff
Relevance:
Details the transactions and outstanding amounts owed by the defendant.
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 Maharashtra vs Pramod.K.M regarding realisation of money
Case Code Year
Case between Bank of Maharashtra vs Pramod.K.M regarding realisation of money