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O.S. No. 328 of 2019

Case between Bank of India vs A.M Kalam regarding realisation of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-01-12
Duration
approximately-7 years 9 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The Bank of India filed a suit against A.M Kalam for the recovery of a loan amount. The defendant defaulted on the repayment leading the bank to take legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The suit has been decreed in favor of the plaintiff bank, allowing them to recover the owed amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff bank is allowed to recover Rs.1,51,912 together with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff was entitled to a decree based on the unchallenged evidence presented.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.1,51,912...

Parties Involved

Plaintiffs

Bank of India (Age not specified years) Maradu Branch, NSS Building, Kottaram Junction, Ernakulam Dist., Pin 682 304

Defendants

A.M Kalam (Age not specified years) H.No. 38/6681A, Kaniyavelithara Chalikkavattom, Vennala P.O, Ernakulam, Pin 682 028

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
The plaintiff bank is allowed to recover Rs.1,51,912 along with interest from the defendant.
Evidence:
In the result, suit is decreed as follows: A) The plaintiff bank is allowed to recover Rs.1,51,912... from the date of decree till entire realization in full from the defendant and his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff bank is also entitled to get the costs of the suit from the defendant.
Evidence:
B) The plaintiff bank is also entitled to get the costs of the suit from the defendant.

Documents & Evidence

Document Type: Application for Loan
Submitted By: Plaintiff
Relevance:
This document relates to the application made by the defendant for the loan sanctioned by the plaintiff bank.
Reference:
Ext.A1
Document Type: Loan Sanction Letter
Submitted By: Plaintiff
Relevance:
This document confirms the sanctioning of the loan amount to the defendant.
Reference:
Ext.A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
The defendant agreed to repay the loan amount through this promissory note.
Reference:
Ext.A3
Document Type: Bearer letter
Submitted By: Plaintiff
Relevance:
This document is related to the loan repayment.
Reference:
Ext.A4
Document Type: Installment letter
Submitted By: Plaintiff
Relevance:
This document outlines the installment repayment schedule for the loan.
Reference:
Ext.A5
Document Type: Hypothecation cum loan agreement
Submitted By: Plaintiff
Relevance:
This agreement hypothecates the purchased vehicle as security for the loan.
Reference:
Ext.A6
Document Type: Composite Agreement
Submitted By: Plaintiff
Relevance:
This document states that the demand promissory note serves as continuing security for the loan.
Reference:
Ext.A7
Document Type: Photocopy of RC Book
Submitted By: Plaintiff
Relevance:
This document is related to the vehicle financed by the loan.
Reference:
Ext.A8
Document Type: True copy of legal notice
Submitted By: Plaintiff
Relevance:
This document indicates the legal notice sent to the defendant regarding the loan repayment.
Reference:
Ext.A9
Document Type: Computer printout of Statement of account
Submitted By: Plaintiff
Relevance:
This document shows the transactions related to the loan account from the date of loan to the date of judgment.
Reference:
Ext.A10

Quick Facts

Location
Ernakulam
Case Filed
Fri, 03/11/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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