Case Summary
This suit is filed for realisation of money from the defendant. The plaintiff, a banking company, sanctioned a loan to the defendant, who failed to repay it as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise an amount of ₹2,35,291/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The plaintiff is allowed to realise an amount of ₹2,35,291/- together with interest.
Why Plaintiff Won:
The unchallenged evidence and documents fully established the case of the plaintiff.
The unchallenged evidence and documents fully established the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence and documents fully established the case of the plaintiff.
The unchallenged evidence and documents fully established the case of the plaintiff.
Supporting Evidence
The unchallenged evidence and documents fully establishes the case of plaintiff.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise an amount of ₹2,35,291/- together with interest at the rate of 11.80% per annum from the date of suit till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivaprasad.C
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheheer.P
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Demand Promissory note, Deed of hypothecation, True copy of lawyer notice, Postal receipt, Acknowledgement card, Statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Ramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise an amount of ₹2,35,291/- together with interest.
Evidence:
In the result, suit is decreed with costs as follows: Plaintiff is allowed to realise an amount of ₹2,35,291/- (Rupees Two Lakhs Thirty Five Thousand Two Hundred and Ninety One Only) together with interest at the rate of 11.80% per annum from the date of suit till the date of realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to recover costs of the suit.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Plaintiff submitted this document to establish the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document shows the approval of the loan granted to the defendant.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note signifies the defendant's acknowledgment of the loan and obligation to repay.
Reference:
Ext.A3
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
It establishes the security for the loan against the goods, plant, and machinery.
Reference:
Ext.A4
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was sent to the defendant demanding repayment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
It provides evidence that the lawyer notice was sent.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This confirms that the defendant received the lawyer notice.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the amount due from the defendant on the loan.
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 Maharastra vs Sheheer.P regarding realisation of money
Case Code Year
Case between Bank of Maharastra vs Sheheer.P regarding realisation of money