Case Summary
The plaintiff bank is seeking to recover an outstanding loan amount from the defendants, who had availed a cash credit facility. The defendants failed to repay the loan, leading to legal action being initiated by the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.8,55,439/- with interest at the rate of 8% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover the defaulted loan amount with interest. The defendants were found liable for the repayment of the outstanding amount.
Why Plaintiff Won:
The plaintiff has succeeded in proving their case by producing relevant documents and evidence.
The plaintiff has succeeded in proving their case by producing relevant documents and evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Ext. A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.8,55,439/- with interest at the rate of 8% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Maharashtra
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- Mrs.Suvarna
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Noorunnisa
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shibi.S.
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Ext. A1: Credit Sanction Intimation, Ext. A2: Demand Promissory Note, Ext. A3: Deed of Hypothecation, Ext. A4: Guarantee, Ext. A5: Balance and Security Confirmation Letter by Borrower, Ext. A6: Copy of Advocate Notice, Ext. A7: Postal Receipts, Ext. A8: Registered cover with A/D, Ext. A9: Account Statement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chirakkarathazham.S.Sureshkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeranganadan (D1 & D2)
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.8,55,439/- along with interest and costs from the defendants.
Evidence:
Hence, the plaintiff bank is entitled to recover defaulted loan of Rs.8,55,439/- with future interest from the defendants and their assets with costs.
Documents & Evidence
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Document shows the credit sanction information related to the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document is a promissory note for the loan amount sanctioned.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document outlines the hypothecation agreement for securing the loan.
Reference:
Ext.A3
Document Type:
Guarantee
Submitted By:
Plaintiff
Relevance:
Document is a guarantee to secure the loan facility.
Reference:
Ext.A4
Document Type:
Balance and Security Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Document confirms the balance and security details related to the loan.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice indicating the demand for repayment sent to the defendants.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts that prove the dispatch of the legal notice.
Reference:
Ext.A7
Document Type:
Registered cover with A/D
Submitted By:
Plaintiff
Relevance:
Document indicates receipt of the legal notice.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the transactions in the loan account.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of Maharashtra et al vs Noorunnisa et al regarding realization of money
Case Code Year
Case between Bank of Maharashtra et al vs Noorunnisa et al regarding realization of money