Case Summary
The plaintiff, Indian Bank, sanctioned a loan to the defendant, S.Muthaiya, for personal use. The defendant defaulted on repayment, leading the bank to file this suit for recovery of the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.7,99,896.07 with interest at 7.80% 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 repay the loan amount along with interest. The plaintiff is also entitled to recover costs from the defendant.
Why Plaintiff Won:
The defendant did not challenge the plaintiff's claims, and the evidence supported the plaintiff's case.
The defendant did not challenge the plaintiff's claims, and the evidence supported the plaintiff's case.
Losing Side's Weaknesses:
The defendant did not challenge the plaintiff's claims, and the evidence supported the plaintiff's case.
The defendant did not challenge the plaintiff's claims, and the evidence supported the plaintiff's case.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendant has availed a loan facility from the plaintiff Bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.7,99,896.07 with interest at the rate of 7.80% per annum from the date of suit till the date of decree from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Bank Branch Thiruvananthapuram
- Relation
- represented by its branch, Manager, Asst General Manager
- Party Role
- Defendant
- Party Name
- S.Muthaiya
- Relation
- S/o
Plaintiffs Documents
Loan Sanction letter dated 22/05/2020, Single/Joint demand promissory note, Letter of continuity, Computer print of statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajayakumar.K.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of outstanding loan amount with interest.
Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.7,99,896.07/- (Rupees Seven lakhs ninety nine thousand eight hundred and ninety six and seven paise only) with interest at the rate of 7.80% per annum from the date of suit till the date of decree from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant's assets.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document proves that the defendant availed a loan facility from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Single/Joint Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document secures the loan agreement between the defendant and the plaintiff bank.
Reference:
Ext.A2
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
This document provides continuity in the terms of the loan agreement.
Reference:
Ext.A3
Document Type:
Computer Print Statement of Account
Submitted By:
Plaintiff
Relevance:
This document shows the outstanding dues of the defendant to the plaintiff bank.
Reference:
Ext.A4
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 Indian Bank Branch Thiruvananthapuram vs S.Muthaiya regarding recovery of money
Case Code Year
Case between Indian Bank Branch Thiruvananthapuram vs S.Muthaiya regarding recovery of money