Case Summary
The Indian Overseas Bank filed a suit against Anishkumar K.C. for non-repayment of a loan amounting to Rs. 5,00,000. The defendant defaulted on the loan, leading to the suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 5,63,763 along with interest and costs of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the Indian Overseas Bank the amount of Rs. 5,63,763 along with interest for the loan amount.
Why Plaintiff Won:
The court found that the evidence presented by the plaintiff demonstrated the defendant's liability to repay the loan.
The court found that the evidence presented by the plaintiff demonstrated the defendant's liability to repay the loan.
Losing Side's Weaknesses:
The court found that the evidence presented by the plaintiff demonstrated the defendant's liability to repay the loan.
The court found that the evidence presented by the plaintiff demonstrated the defendant's liability to repay the loan.
Supporting Evidence
These documents are sufficient to show the liability of the defendant towards plaintiff bank and the commitment to repay the loan amount. Defendant could not rebut the evidence produced by the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize Rs. 5,63,763/-. The plaintiff is also entitled to realize the costs of the suit from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Party Role
- Plaintiff
- Party Name
- Jeena K.P.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anishkumar K.C.
- Relation
- S/o
Plaintiffs Documents
Ext.A1 loan sanction order dated 18.08.2021, Ext.A2 term loan agreement, Ext.A3 demand promissory note, Ext.A4 letter of undertaking, Ext.A5 certified copy of statement of account, Ext.A6 copy of lawyers notice, Ext.A7 postal acknowledgment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- James Jacob K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount with interest.
Evidence:
The court is of the view that the plaintiff is entitled for a decree for recovery of money.
Documents & Evidence
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
The document serves as proof that the loan was sanctioned to the defendant.
Reference:
Ext.A1
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
The agreement outlines the terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Revised Demands Promissory Note
Submitted By:
Plaintiff
Relevance:
This note indicates the defendant's promise to pay back the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This letter represents the defendant's commitment to repay the loan in installments.
Reference:
Ext.A4
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
The document shows the current status of the loan account.
Reference:
Ext.A5
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
It is evidence of the notification sent to the defendant for repayment.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
This serves as proof that the defendant received the lawyer's notice.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2024