Case Summary
The plaintiff, Bank of Maharashtra, is seeking to recover Rs. 87,068 from the defendant, Thariff.S, due to non-repayment of a loan. The case revolves around a loan agreement which the defendant allegedly breached.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay an amount of Rs. 87,068 with future interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, and the defendant is ordered to pay Rs. 87,068 with interest to the plaintiff. The plaintiff is awarded costs.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved its case.
The plaintiff's unchallenged evidence proved its case.
Supporting Evidence
The plaintiff's unchallenged evidence proved its case and it is entitled to a decree to realise the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 87,068/- (Rupees Eighty Seven thousand and Sixty Eight only) to the plaintiff with future interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Maharashtra
- Party Role
- Defendant
- Party Name
- Thariff.S
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Authorization letter dated 19.04.2022, Loan application dated 29.01.2021, Demand promissory Note dated 06.02.2021, Receipt of loan amount dated 06.02.2021, Deed of Hypothecation dated 06.02.2021, Advocate notice dated 19.08.2023, Acknowledgement card, Postal receipt dated 21.08.2023, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.L Sree
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Granting the plaintiff the right to recover Rs. 87,068/- from the defendant.
Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 87,068/- (Rupees Eighty Seven thousand and Sixty Eight only) to the plaintiff with future interest at the rate of 6% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
This document shows the authorization for the transaction mentioned in the suit.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the application submitted by the defendant for the loan.
Reference:
Ext.A2
Document Type:
Request Letter for Credit Facility
Submitted By:
Plaintiff
Relevance:
This document is the formal request from the defendant for credit facility.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise to repay the loan amount.
Reference:
Ext.A4
Document Type:
Receipt of Loan Amount
Submitted By:
Plaintiff
Relevance:
This document is the receipt issued for the loan amount disbursed.
Reference:
Ext.A5
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the repayment of the loan against the specified assets.
Reference:
Ext.A6
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the defendant for failure to repay the loan.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the communication regarding the loan repayment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document shows proof of mailing the notice to the defendant.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document outlines the financial details of the loan and outstanding amounts.
Reference:
Ext.A10
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
2023