Case Summary
The plaintiff, Bank of Maharashtra, is seeking to recover an outstanding loan amount from the defendant, Syammohan M.N, who has defaulted on repayments. The defendant failed to appear in court, resulting in the proceedings being conducted ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,18,921/- with 6% interest from the date of the suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover the outstanding loan amount along with interest and costs from the defendant's assets.
Why Plaintiff Won:
The court found sufficient evidence from the plaintiff that the defendant had defaulted on the loan repayment obligations.
The court found sufficient evidence from the plaintiff that the defendant had defaulted on the loan repayment obligations.
Losing Side's Weaknesses:
The court found sufficient evidence from the plaintiff that the defendant had defaulted on the loan repayment obligations.
The court found sufficient evidence from the plaintiff that the defendant had defaulted on the loan repayment obligations.
Supporting Evidence
The oral and documentary evidence presented by PW1 prove that an amount of ₹1,18,921/- is due from the defendant. The documents produced by the plaintiff show that the defendant is liable to pay this amount.
Judgment Evidence:
In the result; the suit is decreed as follows: The plaintiff is entitled to realize an amount of 1,18,921₹/- (Rupees One Lakh Eighteen Thousand Nine Hundred and Twenty-One only) with 6% interest from the date of the suit till date of realization from the defendants and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Maharashtra
- Party Age
- 36
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Syammohan M.N
Plaintiffs Documents
Original loan application, Original statement of account, Original agreement for the term loan, True copy of the lawyer’s notice, Sanction letter, Original demand promissory note
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.V.Sreeja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of 1,18,921/- (Rupees One Lakh Eighteen Thousand Nine Hundred and Twenty-One only) with 6% interest from the date of the suit till date of realization from the defendants and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
b) The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence to prove the loan agreement.
Reference:
Ext.A1
Document Type:
Original Statement Of Account
Submitted By:
Plaintiff
Relevance:
This document was used to show the payment history and outstanding balance.
Reference:
Ext.A2
Document Type:
Original Agreement for the term loan
Submitted By:
Plaintiff
Relevance:
This document detailed the terms of the loan agreement signed by the defendant.
Reference:
Ext.A3
Document Type:
True copy of the lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This was a legal notice sent to the defendant demanding payment.
Reference:
Ext.A4
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirmed the approval of the loan to the defendant.
Reference:
Ext.A5
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was an official acknowledgment of the loan agreement obligations.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2024