Case Summary
The plaintiff, Federal Bank Ltd, filed a suit against the defendants, M/s Devaki Traders and others, for the recovery of a loan amount. The defendants defaulted on the loan payments, prompting the bank to initiate legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of 3,48,064/- together with 6% interest from the date of decree till realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the loan amount along with interest. The defendants did not defend the suit, resulting in a default judgment.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and relevant documents.
The plaintiff established their case through uncontroverted testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted testimony and relevant documents.
The plaintiff established their case through uncontroverted testimony and relevant documents.
Supporting Evidence
The plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs: Plaintiff is entitled to realise an amount of 3,48,064/- together with 6% interest from the date of decree till realisation and cost of the suit from the defendants and their assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Federal Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Devaki Traders
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Bhadra Bindu.D.K.
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Syama Jayachandran
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abhilash
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Original Loan Application, Original Loan agreement, Original Demand Promissory note, Original Security Delivery Letter, Letter of undertaking, Original Declaration, True copy of Lowery notice, Postal Receipt, Acknowledgement Cards, Unserved Notice, Statement of Accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.Baburajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding loan amount.
Evidence:
Hence the point is answered in the affirmative.
Documents & Evidence
Document Type:
Original loan application
Submitted By:
Plaintiff
Relevance:
Submitted as part of the loan application process.
Reference:
Ext.A1
Document Type:
Original loan agreement
Submitted By:
Plaintiff
Relevance:
Formal agreement detailing the loan terms.
Reference:
Ext.A2
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Evidence of the debtor's promise to pay the loan amount.
Reference:
Ext.A3
Document Type:
Original Security Delivery Letter
Submitted By:
Plaintiff
Relevance:
Document supporting the secured nature of the loan.
Reference:
Ext.A4
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Letter outlining undertakings by the defendants.
Reference:
Ext.A5
Document Type:
Original Declaration setting that 1st defendant is proprietory Concern
Submitted By:
Plaintiff
Relevance:
Declaration affirming the business structure of the first defendant.
Reference:
Ext.A6
Document Type:
True copy of Lowery notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the debt.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the Lowery notice.
Reference:
Ext.A8
Document Type:
Acknowledgement Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgement of receipt related to the Lowery notice.
Reference:
Ext.A9
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
Document indicating an unserved notice.
Reference:
Ext.A10
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details regarding the outstanding balance on the loan.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between The Federal Bank Ltd. vs M/s Devaki Traders et al regarding realisation of money.
Case Code Year
Case between The Federal Bank Ltd. vs M/s Devaki Traders et al regarding realisation of money.