Case Summary
Indian Bank, a body corporate, filed a suit against Lini Sunil for the recovery of a loan amount of ₹4,39,113.21 due to non-repayment. The defendant did not appear in court, resulting in a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of ₹4,39,113.21 and interest thereon.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The uncontroverted averments in the plaint together with documentary evidence supported the plaintiff's claim.
The uncontroverted averments in the plaint together with documentary evidence supported the plaintiff's claim.
Losing Side's Weaknesses:
The uncontroverted averments in the plaint together with documentary evidence supported the plaintiff's claim.
The uncontroverted averments in the plaint together with documentary evidence supported the plaintiff's claim.
Supporting Evidence
The uncontroverted averments in the plaint together with the affidavit and the accompanying documents show that the defendants availed a loan from the plaintiff bank...
Judgment Evidence:
In the result, the suit is decreed as follows; The plaintiff is entitled to realise an amount of ₹4,39,113.21/- together with interest at the rate of 9% p.a., on the principal amount...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Bank
- Party Role
- Defendant
- Party Name
- Lini Sunil
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Loan Application dated 04.03.2018, Loan Sanction letter dated 21.03.2018, Demand Promissory note dated 21.03.2018, Loan agreement dated 21.03.2018, Acknowledgement of debt cum security dated 20.10.2021, Various notices issued to defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Siby Mathew Thakadiyel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Ramesh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹4,39,113.21 from the defendant.
Evidence:
Therefore, it is found that the plaintiff is entitled to get ₹4,39,113.21/- (Four Lakhs Thirty Nine Thousand One Hundred and Thirteen and Twenty-one paise Only) from the defendant as claimed in the plaint, and the suit has to be decreed in favour of the plaintiff in the case.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 9% p.a. from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realise an amount of ₹4,39,113.21/- (Four Lakhs Thirty Nine Thousand One Hundred and Thirteen rupees and Twenty One paise Only) together with interest at the rate of 9% p.a., on the principal amount of ₹2,75,246.71/ from the date of suit till the date of decree from the defendant and her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to further interest at the rate of 6% on the principal amount from the date of decree till realization.
Evidence:
The plaintiff is entitled to further interest at the rate of 6% on the principal amount of ₹2,75,246.71 from the date of the decree till realisation from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to costs from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Marked as the loan application form submitted by the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Marked as the loan sanction letter acknowledged by the defendant.
Reference:
Ext.A2
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Marked as the promissory note executed by the defendant.
Reference:
Ext.A3
Document Type:
Disposal of proceeds letter
Submitted By:
Plaintiff
Relevance:
Marked as the letter regarding the disposal of loan proceeds.
Reference:
Ext.A4
Document Type:
Medium Term Loan Agreement
Submitted By:
Plaintiff
Relevance:
Marked as the loan agreement between the plaintiff and defendant.
Reference:
Ext.A5
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Marked as the agreement of hypothecation of movables.
Reference:
Ext.A6
Document Type:
Acknowledgement Debt-cum-security
Submitted By:
Plaintiff
Relevance:
Marked as the acknowledgment of debt cum security dated 20.10.2021.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Marked as the notice issued to the defendant.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Marked as an earlier notice issued to the defendant.
Reference:
Ext.A8(a)
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Marked as another notice issued to the defendant.
Reference:
Ext.A8(b)
Document Type:
Statements of Account
Submitted By:
Plaintiff
Relevance:
Marked as the statements of accounts for the defendant's loan.
Reference:
Ext.A9
Document Type:
Statements of Account
Submitted By:
Plaintiff
Relevance:
Marked as another statements of accounts for the defendant's loan.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Indian Bank vs Lini Sunil regarding realisation of money
Case Code Year
Case between Indian Bank vs Lini Sunil regarding realisation of money