Case Summary
M/s Indian Bank is seeking to recover a loan amount from M/s Salala Mobile Shop and its proprietor. The defendants defaulted on their repayment despite the loan being sanctioned for starting a mobile business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹2,01,699/- with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the due amount from the defendants along with interest and costs.
Why Plaintiff Won:
The evidence provided by the plaintiff was unchallenged and clearly proved the defendants' liability.
The evidence provided by the plaintiff was unchallenged and clearly proved the defendants' liability.
Losing Side's Weaknesses:
The evidence provided by the plaintiff was unchallenged and clearly proved the defendants' liability.
The evidence provided by the plaintiff was unchallenged and clearly proved the defendants' liability.
Supporting Evidence
The documents submitted by the plaintiff demonstrate that the defendants are liable to pay this amount. There is no evidence on record indicating that the defendants have discharged their liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: - a)The plaintiff is entitled to realise an amount of ₹2,01,699/- (Rupees Two lakhs and Thousand Six Hundred and Ninety-Nine only) with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Indian Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Salala Mobile shop
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Sudheer
- Relation
- S/o
Plaintiffs Documents
Loan application, Sanction letter, Demand Promissory Note, Deed of Hypothecation of movebles, Copy of the statement of account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sreekumaran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreelal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹2,01,699/- with interest from the defendants.
Evidence:
In the result; the suit is decreed as follows: - a)The plaintiff is entitled to realise an amount of 2,01,699 ₹/(Rupees Two lakhs and Thousand Six Hundred and Ninety-Nine only) with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of this suit from the defendants and their assets.
Evidence:
b)The plaintiff is also entitled to realise the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document shows that the 2nd defendant applied to the plaintiff bank for financial assistance under the P.M.E.G.P. scheme.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document indicates that the loan amount was sanctioned on 31/03/2018.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the defendants executed a demand promissory note in favor of the plaintiff bank for the loan.
Reference:
Ext.A3
Document Type:
Deed of Hypothecation of movables
Submitted By:
Plaintiff
Relevance:
This document shows that the defendants hypothecated the stocks of their concern to secure the loan.
Reference:
Ext.A4
Document Type:
Copy of the statement of account
Submitted By:
Plaintiff
Relevance:
This document provides a certified statement of account, indicating the amount due from the defendants.
Reference:
Ext.A5
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