Case Summary
The case involves Vijaya Bank seeking to recover a loan amount from the defendants who defaulted on repayment. The bank claims the amount outstanding as of 07/06/2016 is ₹59,272/- plus interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize ₹59,272/- from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest. The defendants were ex parte as they failed to appear.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged as the defendants did not appear to contest the claims.
The evidence presented by the plaintiff was unchallenged as the defendants did not appear to contest the claims.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged as the defendants did not appear to contest the claims.
The evidence presented by the plaintiff was unchallenged as the defendants did not appear to contest the claims.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendants were set ex parte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹59,272/- from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- C.Rajasekharan Nair
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.J.Mohanan
- Party Age
- 52
Plaintiffs Documents
Loan Application dated 12/03/2009, Sanction Letter dated 12/03/2009, Letter of Repayment dated 13/03/2009, Promissory Note dated 13/03/2009, Letter of Guarantee dated 13/03/2009, Acknowledgment of Liability dated 13/06/2011, Copy of Advocate Notice dated 10/06/2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sheeba Jaffer Sait
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the principal amount of Rs. 59,272 from the defendants.
Evidence:
Therefore, plaintiff is entitled to realise 59,272/- from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.75% per annum from 07/06/2016 till the date of decree.
Evidence:
Plaintiff is allowed to realise interest at the rate of 12,.75% per annum with monthly rests from 07/06/2016 till the date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at a specified rate.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendant for the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter sanctioning the loan for the defendant.
Reference:
Ext.A2
Document Type:
Letter of Repayment
Submitted By:
Plaintiff
Relevance:
Letter of repayment executed by the defendant agreeing to repay the loan.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note executed by the defendant for the loan.
Reference:
Ext.A4
Document Type:
Letter of lien
Submitted By:
Plaintiff
Relevance:
Letter of lien executed by the defendant.
Reference:
Ext.A5
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
Letter of guarantee executed by the defendant.
Reference:
Ext.A6
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt indicating the loan transaction.
Reference:
Ext.A7
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability dated 13/06/2011.
Reference:
Ext.A8
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of liability dated 14/12/2013.
Reference:
Ext.A9
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the notice.
Reference:
Ext.A10(a)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the notice.
Reference:
Ext.A10(b)
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts showing outstanding dues.
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 Loan
Case Code
Case between Vijaya Bank vs C.Rajasekharan Nair et al regarding realization of money
Case Code Year
Case between Vijaya Bank vs C.Rajasekharan Nair et al regarding realization of money