Case Summary
The plaintiff, Former Vijaya Bank, is seeking to recover a loan amount from the defendants who defaulted on repayment. The defendants borrowed Rs. 7,50,000/- for educational purposes and failed to repay, leading to the bank filing this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs. 9,10,420/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing the bank to recover the loan amount with interest from the defendants.
Why Plaintiff Won:
Plaintiff provided sufficient evidence that the defendants defaulted on the loan repayment.
Plaintiff provided sufficient evidence that the defendants defaulted on the loan repayment.
Losing Side's Weaknesses:
Plaintiff provided sufficient evidence that the defendants defaulted on the loan repayment.
Plaintiff provided sufficient evidence that the defendants defaulted on the loan repayment.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs. 9,10,420/- (Rupees Nine Lakhs Ten Thousand Four Hundred and Twenty only) with interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Former Vijaya Bank
- Party Role
- Defendant
- Party Name
- Dr. Kiran Dev
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.R. Mahadevan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V. Sathi Kumari
- Party Age
- 57
- Relation
- W/o
Plaintiffs Documents
Loan application dated 04/03/2014, Loan sanction letter dated 17/03/2014, Letter of articles of agreement dated 17/03/2014, Letter of guarantee dated 17/03/2014, Office copy of suit notice dated 27/05/2023, Postal receipts, Statement of account dated 05/06/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- H. Raju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Jayasree
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumya. S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Y. Thankachan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of an amount due from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 9,10,420/- (Rupees Nine Lakhs Ten Thousand Four Hundred and Twenty only) with interest at the rate of 13.65% per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document is evidence of the loan amount sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Letter of articles of agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the agreement terms that the defendants breached.
Reference:
Ext.A3
Document Type:
Letter of guarantee
Submitted By:
Plaintiff
Relevance:
This document shows the guarantee provided by the third defendant for the loan.
Reference:
Ext.A4
Document Type:
Office copy of suit notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to defendants demanding repayment of the loan.
Reference:
Ext.A5
Document Type:
Office copy of postal receipts
Submitted By:
Plaintiff
Relevance:
This document serves as proof of delivery of the suit notice.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document details the outstanding amount due from the defendants.
Reference:
Ext.A7
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 Former Vijaya Bank vs Dr. Kiran Dev et al regarding realisation of money
Case Code Year
Case between Former Vijaya Bank vs Dr. Kiran Dev et al regarding realisation of money