Case Summary
The plaintiff, Indian Overseas Bank, claims the defendant, Aneesh Kumar A, has failed to repay a loan amounting to ₹6,80,737.13. The case proceeded ex parte after the defendant did not appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of ₹6,80,737.13 with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay ₹6,80,737.13 along with interest at the rate of 6% per annum. Costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 6,80,737.13/- (Rupees six lakh eighty thousand seven hundred and thirty seven and thirteen paise only) with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Aneesh Kumar A
- Relation
- S/o
Plaintiffs Documents
Copy of Specimen of Credit Sanction Advice, Copy of Deed of Hypothecation, Copy of Demand Promissory Note, Copy of letter of undertaking, Copy of draft of the request, Copy of combined demand notice, Computer print out of statement of account, Copy of revival letter.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P Sujeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Keerthi K Narayanan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of ₹6,80,737.13 with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 6,80,737.13/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff shall be at liberty to realise the amount from the defendant or from the defendant's assets.
Evidence:
If the defendant do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Produced as evidence to support the loan agreement.
Reference:
Ext.A1
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Produced as evidence to support the collateral for the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Produced as evidence of the defendant's promise to repay the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Produced as evidence of the terms agreed upon by the defendant.
Reference:
Ext.A4
Document Type:
Request Draft
Submitted By:
Plaintiff
Relevance:
Produced to further support the loan agreement.
Reference:
Ext.A5
Document Type:
Combined Demand Notice
Submitted By:
Plaintiff
Relevance:
Produced to show the notice sent to the defendant regarding repayment.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Presented to show the account details and outstanding amount.
Reference:
Ext.A7
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Produced as evidence related to the continuation of the loan agreement.
Reference:
Ext.A8
Document Type:
Combined Demand Notice to Borrowers
Submitted By:
Plaintiff
Relevance:
Produced to indicate the formal demand made to the defendant.
Reference:
Ext.A9
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Presented as part of the documentation related to the loan agreement.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Indian Overseas Bank vs Aneesh Kumar A regarding realisation of money
Case Code Year
Case between Indian Overseas Bank vs Aneesh Kumar A regarding realisation of money