Case Summary
The plaintiff, Bank of India, filed a suit against the defendants, Akshaydev and Devadas, for the recovery of a loan amounting to Rs. 5,53,245 due to default in repayment. The defendants failed to appear in court, resulting in a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff shall be entitled to realize Rs.5,53,245 from the defendants with interest at the rate of 10.95 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the amount due from the defendants with interest. The defendants were ordered to pay the plaintiff the full amount along with costs.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A10 documents produced by her.
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A10 documents produced by her.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A10 documents produced by her.
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A10 documents produced by her.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A10 documents produced by her.
Judgment Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs.5,53,245 from the defendants with interest at the rate of 10.95 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India, Beypore Branch
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Akshaydev
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Devadas
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Loan application for education, Education loan agreement, Demand promissory note, Acknowledgment of debt by undertaking the liability, Acknowledgment of debt by undertaking the liability, Copy of lawyer notice, Statement of account for the period 12.02.2016 to 03.09.2024, Statement of account from 28.10.22 to 31.08.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Saleem
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Babu N.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.5,53,245/- from the defendants.
Evidence:
In the result, 1.The plaintiff shall be entitled to realize Rs.5,53,245/- (Rupees Five lakhs fifty three thousand two hundred and forty five only) from the defendants with interest at the rate 10.95 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
2.The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Loan application for education
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A1 to support the loan agreement.
Reference:
Ext.A1
Document Type:
Education Loan Agreement
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A2 which outlines the loan terms.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A3 as evidence of the borrower's promise to pay.
Reference:
Ext.A3
Document Type:
Acknowledgment of debt by undertaking the liability
Submitted By:
Plaintiff
Relevance:
Exhibit A4 shows the acknowledgment by the first defendant of their debt.
Reference:
Ext.A4
Document Type:
Acknowledgment of debt by undertaking the liability
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is another acknowledgment related to the debt.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A6 to demonstrate attempts to collect the debt.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A7 as a receipt of acknowledgment.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A8 as another acknowledgment receipt.
Reference:
Ext.A8
Document Type:
Statement of account for the period
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A9 detailing the account activity.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Produced as Exhibit A10 outlining the recent account details.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Bank of India vs Akshaydev et al regarding realization of money
Case Code Year
Case between Bank of India vs Akshaydev et al regarding realization of money