Case Summary
The Indian Overseas Bank filed a suit against Anil Kumar.G for the recovery of loan amount due. The defendant defaulted on repayment despite repeated requests, leading the court to rule in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹1,38,042/- from the defendant and his assets, including interest at the rate of 12.25% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the bank to recover the loan amount along with interest. The plaintiff is entitled to receive costs from the defendant.
Why Plaintiff Won:
The evidence proved that the defendant owed the amount to the plaintiff as claimed in the suit.
The evidence proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Losing Side's Weaknesses:
The evidence proved that the defendant owed the amount to the plaintiff as claimed in the suit.
The evidence proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Supporting Evidence
According to PW1, despite their undertaking to repay the loan amount together with interest thereon, the defendant failed to turn up and defaulted in paying the said sum.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1.Plaintiff is allowed to realise ₹1,38,042/- from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.Sreekumari
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil Kumar.G
- Party Age
- 42
Plaintiffs Documents
Loan application, Credit sanction advice dated 27/04/2013, Undertaking for repayment in installments, Deed of hypothecation, Demand promissory note, Revival letter, Lawyer’s notice, Acknowledgment card, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.S.Sunil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹1,38,042/- from the defendant and his assets.
Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹1,38,042/- from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.25% per annum with monthly rests from 13/05/2017 till the date of decree.
Evidence:
2. Plaintiff is allowed to realise interest at the rate of 12.25% per annum with monthly rests from 13/05/2017 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Evidence:
3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Evidence:
4. Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The loan application submitted by the defendant was marked as an exhibit.
Reference:
Ext.A1
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
The credit sanction advice dated 27/04/2013 was marked to establish the loan disbursement.
Reference:
Ext.A2
Document Type:
Undertaking for Repayment in Installments
Submitted By:
Plaintiff
Relevance:
The undertaking for repayment in installments executed by the defendant was used to prove loan terms.
Reference:
Ext.A3
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
The deed of hypothecation dated 27/04/2013 was marked to show security for the loan.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The demand promissory note executed by the defendant was marked as evidence of the debt.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
The revival letter dated 17/10/2015 was marked to show acknowledgment of the loan terms.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 19/05/2017 was used to illustrate attempts to recover the loan.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card was marked to show receipt of the lawyer's notice.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
The statement of account was used to substantiate the amount due from the defendant.
Reference:
Ext.A9
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 Overseas Bank vs Anil Kumar.G regarding realisation of money.
Case Code Year
Case between Indian Overseas Bank vs Anil Kumar.G regarding realisation of money.