Case Summary
The case involves Bank of India seeking the recovery of a loan amount from Veena’s Homely Food, which has failed to repay its dues. The plaintiff bank sanctioned a loan for the defendant's catering business, but the defendant acknowledged an outstanding balance and has not repaid the necessary amounts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs. 2,47,936.18 with 10.25% interest per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay the amount of Rs. 2,47,936.18 along with interest. This decision was made due to the defendant's failure to repay the loan despite acknowledging the debt.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaintiff's claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for except the interest part, which is ordered reasonably.
Judgment Evidence:
The suit is decreed directing the defendant to pay an amount of 2,47,936.18/- (Rupees Two Lakhs Forty Seven Thousand and Nine Hundred and Thirty Six and Paise Eighteen only) with 10.25% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Party Role
- Defendant
- Party Name
- Veena’s Homely Food
- Relation
- Represented by
Plaintiffs Documents
Loan Application, Guarantor’s/Borrower profile, Sanction letter, Promissory note, Hypothecation agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.R.Raja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Directed the defendant to pay an amount of 2,47,936.18/- with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 2,47,936.18/-.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendant to the plaintiff bank under the Micro and Small Enterprises Scheme for the Term Loan.
Reference:
Ext.A1
Document Type:
Guarantor’s/Borrowers profile
Submitted By:
Plaintiff
Relevance:
Submitted by the proprietor of the defendant to the plaintiff Bank.
Reference:
Ext.A2
Document Type:
Application and sanction order
Submitted By:
Plaintiff
Relevance:
Application submitted to the Kudumbasree Community Development society by the Defendant and the sanction order from the bank.
Reference:
Ext.A3
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanctioning the term loan and acknowledgment by the proprietor of the defendant accepting the terms and conditions.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the borrower for Rs. 1,90,000/-.
Reference:
Ext.A5
Document Type:
Letter of Authorization
Submitted By:
Plaintiff
Relevance:
Authorization letter related to the loan.
Reference:
Ext.A6
Document Type:
Request letter for installment facility
Submitted By:
Plaintiff
Relevance:
Requesting for installment facility for repayment of the loan.
Reference:
Ext.A7
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued to Team Fabricators by the plaintiff bank.
Reference:
Ext.A8
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill issued by Team Fabricators to the defendant's proprietor.
Reference:
Ext.A9
Document Type:
Hypothecation cum loan agreement
Submitted By:
Plaintiff
Relevance:
Hypothecating the tangible movables to the plaintiff bank.
Reference:
Ext.A10
Document Type:
Agreement cum acknowledgment
Submitted By:
Plaintiff
Relevance:
Agreement submitted by the defendant acknowledging the loan.
Reference:
Ext.A11
Document Type:
Agreement undertaking additional obligations
Submitted By:
Plaintiff
Relevance:
Additional obligations undertaken by the defendant regarding the loan.
Reference:
Ext.A12
Document Type:
Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
Executed by the proprietor of the defendant agreeing to repay the loan.
Reference:
Ext.A13
Document Type:
Letter of acknowledgment of debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of outstanding debt from the defendant for the term loan account.
Reference:
Ext.A14
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant demanding repayment of the loan.
Reference:
Ext.A15
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer's notice.
Reference:
Ext.A16
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account detailing the loan repayment status.
Reference:
Ext.A17
Document Type:
Authority letter
Submitted By:
Plaintiff
Relevance:
Authorizing the Senior Branch Manager to file the suit.
Reference:
Ext.A18
Document Type:
Original authority letter
Submitted By:
Plaintiff
Relevance:
Authorizing the Senior Branch Manager to represent the plaintiff bank.
Reference:
Ext.A19
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The testimony of the plaintiff's representative supporting the claim.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Bank of India vs Veena’s Homely Food regarding recovery of loan amount.
Case Code Year
Case between Bank of India vs Veena’s Homely Food regarding recovery of loan amount.