Case Summary
Karnataka Bank Limited filed a suit against Jayan.B for the recovery of ₹5,52,755.70 due to an unpaid loan. The defendant failed to repay despite multiple reminders and a breach of the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of ₹5,52,755.70 with 6% interest from the date of the suit until the date of realization and also recover the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹5,52,755.70 from the defendant along with interest and costs. The case was decided in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's failure to repay the amount due.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's failure to repay the amount due.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's failure to repay the amount due.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's failure to repay the amount due.
Supporting Evidence
The oral and documentary evidence adduced by PW1 proves that an amount of 5,52,755.70/- (Rupees Five Lakhs Fifty-Two Thousand Seven Hundred Fifty-five and Seventy paise only) is 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 recover an amount of ₹5,52,755.70/- (Rupees Five Lakhs Fifty-Two Thousand Seven Hundred Fifty-five and Seventy paise only) 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
- Karnataka Bank Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jayan.B
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Original demand promissory note, Original Take Delivery Letter, Original Hypothecation Agreement, Recall notice, Bank statement, Original MSME loan application, Original credit sanction intimation
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.S. Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh Babu.J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bhavya A.B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Parvathy.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anupama. B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kiran.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amritha M. Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,52,755.70 with interest.
Evidence:
In the result; the suit is decreed as follows: (a)The plaintiff is entitled to recover an amount of ₹5,52,755.70/- (Rupees Five Lakhs Fifty-Two Thousand Seven Hundred Fifty-five and Seventy paise only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of this suit.
Evidence:
In the result; the suit is decreed as follows: (b)The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is signed by the defendant and was used to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
This document is signed by the defendant and is part of the loan documentation.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document is signed by the defendant, detailing the hypothecation related to the loan.
Reference:
Ext.A3
Document Type:
Recall Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the outstanding loan repayment.
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document shows the loan account details and confirms the amount due.
Reference:
Ext.A5
Document Type:
MSME Loan Application
Submitted By:
Plaintiff
Relevance:
This application signed by the defendant is part of the loan evidence.
Reference:
Ext.A6
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the loan being sanctioned to the defendant.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was included as court evidence during the proceedings.
Reference:
Ext.C1
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
2023