Case Summary
The plaintiff, Indian Overseas Bank, is seeking to recover an outstanding loan amount from the defendant, Devendran. K, who failed to repay the loan despite reminders. The court found that the defendant is liable to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹1,47,991.56 with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff. The defendant is ordered to pay the outstanding amount with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to establish the defendant's liability for the loan amount.
The plaintiff provided sufficient evidence to establish the defendant's liability for the loan amount.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to establish the defendant's liability for the loan amount.
The plaintiff provided sufficient evidence to establish the defendant's liability for the loan amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹1,47,991.56 remains 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: a) The plaintiff is entitled to realize an amount of ₹1,47,991.56 with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Relation
- represented by its Senior Manager Anand Raj. B
- Party Role
- Defendant
- Party Name
- Devendran. K
- Party Age
- 37
Plaintiffs Documents
Original loan application, Credit sanction letter, Revised demand promissory note, Letter of undertaking for repayment in installments, Agreement for the term loan and hypothecation, Revival letter, Copy of the statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Koottappu U. Mujeeb
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sureshkumar. P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abin George Mani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding amount along with interest.
Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of 1,47,991.56 ₹ (Rupees One Lakh Forty-Seven Thousand Nine Hundred and Ninety-One and Fifty-Six paise only) remains due with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to recover 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:
The court referred to the loan application executed by the defendant to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Credit Sanction letter
Submitted By:
Plaintiff
Relevance:
This document was used to show the sanction of the loan amount to the defendant.
Reference:
Ext.A2
Document Type:
Revised Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The court marked this document to confirm the defendant's commitment to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking for repayment of installments
Submitted By:
Plaintiff
Relevance:
This letter was referenced to indicate the terms of repayment agreed to by the defendant.
Reference:
Ext.A4
Document Type:
Agreement for the term loan and hypothecation
Submitted By:
Plaintiff
Relevance:
This agreement was cited to establish the formal terms under which the loan was granted.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
The court discussed this letter as it acknowledges the defendant's liability and request for additional time.
Reference:
Ext.A6
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
This document was used to evidence the outstanding balance owed by the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2022