Case Summary
The plaintiff, Indian Bank, is seeking to recover a loan amount from the defendant, Sanish.S.S, who failed to repay the Mudra Loan taken for running a textile business. The defendant was set ex parte for not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹3,06,494/- from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff allowing the recovery of ₹3,06,494/- along with interest. The plaintiff is also entitled to further interest from the date of decree until realization.
Why Plaintiff Won:
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
Losing Side's Weaknesses:
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
The evidence from the plaintiff was unchallenged as the defendant was set ex parte.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹3,06,494/- from the defendant and his assets. 2. Plaintiff is allowed to realise interest at the rate of 10.40% per annum with monthly rests from 26/05/2022 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sanish.S.S
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 12.07.2016, Sanction Letter dated 16.07.2016, Original of Demand Promissory Note dated 16.07.2016, Agreement of Hypothecation of movable dated 16.07.2016, Acknowledgment of debt cum security dated 01.07.2019, Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajayakumar.K.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹3,06,494/- from the defendant and his assets.
Evidence:
Therefore, plaintiff is entitled to realise ₹3,06,494/- from the defendant and his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 10.40% per annum with monthly rests from 26/05/2022 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 10.40% per annum with monthly rests from 26/05/2022 till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document was submitted by the defendant to apply for the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirmed that the loan was sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Original of Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The promissory note is evidence of the loan and the defendant's promise to repay.
Reference:
Ext.A3
Document Type:
Agreement of Hypothecation of movable
Submitted By:
Plaintiff
Relevance:
This agreement provided collateral for the loan taken by the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment of debt cum security
Submitted By:
Plaintiff
Relevance:
This document serves as an acknowledgment of the defendant's debt to the bank.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The statement details the amounts owed by the defendant to the plaintiff bank.
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
Case between Indian Bank vs Sanish.S.S regarding realization of money.
Case Code Year
Case between Indian Bank vs Sanish.S.S regarding realization of money.