Case Summary
The plaintiff, Indian Overseas Bank, has filed a suit against the defendant, Santhosh Kumar, for the recovery of a loan of ₹1,55,178/- due to non-repayment. The defendant had taken a loan from the plaintiff bank and failed to comply with the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of ₹1,55,178/- with 6% interest until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding amount along with interest. The defendant is liable for the repayment as per the loan agreement.
Why Plaintiff Won:
The evidence presented by the plaintiff clearly established the defendant's liability to repay the loan.
The evidence presented by the plaintiff clearly established the defendant's liability to repay the loan.
Losing Side's Weaknesses:
The evidence presented by the plaintiff clearly established the defendant's liability to repay the loan.
The evidence presented by the plaintiff clearly established the defendant's liability to repay the loan.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹1,55,178/- 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 ₹1,55,178/- (Rupees One Lakh Fifty-Five Thousand One Hundred and Seventy-Eight only) remains due 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
- Party Role
- Defendant
- Party Name
- Santhosh Kumar
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Loan application dated 12/07/2012, Credit sanction advice dated 19/07/2012, Undertaking for Repayment in Installments dated 20/07/2012, Deed of Hypothecation dated 20/07/2012, Demand Promissory Note dated 20/07/2012, Revival Letter dated 17/07/2015, Lawyer's notice dated 27/05/2018, Postal receipt dated 08/06/2018, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Asha Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of ₹1,55,178/- with interest from the defendant.
Evidence:
the plaintiff is entitled to realize an amount of ₹1,55,178/- (Rupees One Lakh Fifty-Five Thousand One Hundred and Seventy-Eight 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:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
the plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Executed by the defendant to obtain the loan.
Reference:
Ext.A1
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Details the loan amount sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Undertaking for Repayment in Installments
Submitted By:
Plaintiff
Relevance:
Agreement by the defendant to repay the loan in installments.
Reference:
Ext.A3
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Legal document establishing the hypothecation of the autorickshaw.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant acknowledging the loan.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Document acknowledging the loan liability by the defendant.
Reference:
Ext.A6
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding repayment.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer's notice.
Reference:
Ext.A8
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding balance due from the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2018