Case Summary
The plaintiff, Indian Overseas Bank, filed a suit against the defendant, Sukumari.C, for the realization of an outstanding loan amount. The defendant failed to repay the loan despite repeated requests and has not appeared in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹45,866/- with 6% interest from the date of the suit until the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, stating that Sukumari.C owes an amount of ₹45,866/- with interest. The plaintiff is entitled to realize the amount and costs from the defendant's assets.
Why Plaintiff Won:
The evidence on record established the defendant's liability to repay the loan amount.
The evidence on record established the defendant's liability to repay the loan amount.
Losing Side's Weaknesses:
The evidence on record established the defendant's liability to repay the loan amount.
The evidence on record established the defendant's liability to repay the loan amount.
Supporting Evidence
After considering the evidence before this court, it is found that the plaintiff is entitled to a decree in its favour.
Judgment Evidence:
In the result; the suit is decreed as follows: a)The plaintiff is entitled to realize an amount of ₹45,866/- (Rupees Forty-Five Thousand Eight Hundred and Sixty-Six only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Sukumari.C
- Party Age
- 57
- Relation
- W/o.Vijayan T
Plaintiffs Documents
Loan application dated 19/10/2017, Credit Sanction Advice dated 27/10/2017, Undertaking for Repayment of Installments dated 27/10/2017, Revised Demand Promissory Note dated 27/10/2017, Letter of Undertaking dated 27/10/2017, Revival Letter dated 12/08/2020, Advocate notice dated 14/01/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.Asha Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
the plaintiff is entitled to realize an amount of 45,866 ₹ /- (Rupees Forty-Five Thousand Eight Hundred and Sixty-Six only) with 6% interest from the date of the suit until the date of realization from the defendant and her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realize the costs of this suit from the defendant and her assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document serves as the initial application for the loan sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
This document details the loan facility sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Undertaking for Repayment of Installments
Submitted By:
Plaintiff
Relevance:
This document is an agreement by the defendant to repay the loan in installments.
Reference:
Ext.A3
Document Type:
Copy of the account statement
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding balance due from the defendant.
Reference:
Ext.A4
Document Type:
Revised Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This is a promissory note indicating the defendant's obligation to repay the loan amount.
Reference:
Ext.A5
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This indicates the defendant's commitment regarding the loan conditions after interest adjustments.
Reference:
Ext.A6
Document Type:
Letter of Undertaking from new borrowers
Submitted By:
Plaintiff
Relevance:
This document pertains to the adjustment of interest linked with MCLR.
Reference:
Ext.A7
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the defendant's acknowledgment of the loan obligation.
Reference:
Ext.A8
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the outstanding loan.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This serves as proof of mailing the advocate notice to the defendant.
Reference:
Ext.A10
Document Type:
Agreement of Term Loan and Hypothecation
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms for the loan and the hypothecation of assets.
Reference:
Ext.A11
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
2021