Case Summary
The plaintiff, Bank of India, has filed a suit against the defendants, Mrs. Anu Priya Prasad and Mr. Shiva Prasad, to recover a loan amount due. The defendants failed to repay the loan leading to the legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,43,748 along with interest and costs
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the claim through documented evidence and testimony.
The plaintiff established the claim through documented evidence and testimony.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.2,43,748 from the defendants and from their assets.
Parties Involved
Plaintiffs
Bank of India (Age not specified years)
Zonal Office, Kaloor Towers, Kaloor P.O., Kochi682 017
Defendants
Mrs. Anu Priya Prasad (34 years)
Eastern Villa, Kakkanad, Ernakulam682030
Mr. Shiva Prasad (34 years)
Eastern Villa, Kakkanad, Ernakulam682030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the principal amount due from the defendants.
Evidence:
The plaintiff is entitled to realize Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest on the due amount from the date of suit.
Evidence:
The plaintiff is entitled to realize interest @ 11.95% per annum for Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from the date of suit till date of decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest on the due amount from the date of decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.2,43,748/ (Rupees two lakhs forty three thousand seven hundred and forty eight only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Establishes the existence of the loan and its terms.
Reference:
Ext.A1
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Confirms the loan approval by the bank.
Reference:
Ext.A2
Document Type:
Original promissory note executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Serves as a commitment from the 1st defendant to repay the loan.
Reference:
Ext.A3
Document Type:
Original letter of installment signed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Details the installment repayment schedule agreed by the 1st defendant.
Reference:
Ext.A4
Document Type:
Original loan agreement executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Formalizes the loan terms and conditions agreed upon by the 1st defendant.
Reference:
Ext.A5
Document Type:
Original agreement of hypothecation
Submitted By:
Plaintiff
Relevance:
Secures the loan against the property of the defendants.
Reference:
Ext.A6
Document Type:
Original deed of guarantee executed by 1st defendant
Submitted By:
Plaintiff
Relevance:
Indicates that the 1st defendant guarantees the loan repayment.
Reference:
Ext.A7
Document Type:
Original letter of acknowledgment
Submitted By:
Plaintiff
Relevance:
Confirms the defendants' acknowledgment of the loan and its terms.
Reference:
Ext.A8
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff attempted to notify the defendants of their default.
Reference:
Ext.A9
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of notice sent to defendants regarding the dues.
Reference:
Ext.A10 series
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Supports the plaintiff's case through unrefuted testimony of PW1.
Reference: