Case Summary
M/s.Indian Overseas Bank filed a suit against Mr.Abdul Jamsheed CT and Smt.Jasmina TT for the recovery of a vehicle loan that was not repaid. The defendants failed to appear in court, leading to their ex parte status.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 2,19,411.85 with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court ordered that M/s.Indian Overseas Bank is entitled to recover Rs. 2,19,411.85 from the defendants, with interest. Additionally, the bank is entitled to recover the costs of the suit.
Why Plaintiff Won:
The unchallenged evidence showed the plaintiff's entitlement to the decree.
The unchallenged evidence showed the plaintiff's entitlement to the decree.
Losing Side's Weaknesses:
The unchallenged evidence showed the plaintiff's entitlement to the decree.
The unchallenged evidence showed the plaintiff's entitlement to the decree.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A8 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 2,19,411.85 with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Indian Overseas Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr.Abdul Jamsheed CT
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.Jasmina TT
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
Credit sanction advise, On demand promissory note, Conditions of repayment of loan, Deed of Hypothecation, Revival letters, Legal notice, Certified copy of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. KS Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.PM Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Hareendranath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realise an amount of Rs. 2,19,411.85 from the defendants with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 2,19,411.85... with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Original of the credit sanction advice accepted by the defendants.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original of the on demand promissory note executed by the defendants in favour of the plaintiff.
Reference:
Ext.A2
Document Type:
Conditions of Repayment
Submitted By:
Plaintiff
Relevance:
Original of conditions of repayment of loan executed by the defendants.
Reference:
Ext.A3
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Original of the deed of Hypothecation executed by the defendants in favour of the plaintiff.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival letter executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Revival letter executed by the defendants in favour of the plaintiff.
Reference:
Ext.A6
Document Type:
Registered legal notice
Submitted By:
Plaintiff
Relevance:
Copy of the registered legal notice issued by Adv.N Ramakrishnan to the defendants.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of account from 14.7.2017 to 14.12.2022.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s.Indian Overseas Bank vs Mr.Abdul Jamsheed CT, Smt.Jasmina TT regarding realisation of money.
Case Code Year
Case between M/s.Indian Overseas Bank vs Mr.Abdul Jamsheed CT, Smt.Jasmina TT regarding realisation of money.