Case Summary
Indian Overseas Bank filed a suit against the defendant for the realization of a loan amount due to default in repayment. The defendant failed to repay the loan amount under the CGTMSE Scheme, leading to the bank seeking recovery through the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Recovery with Interest
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay the outstanding amount along with interest. The defendant was also ordered to pay the costs of the suit.
Why Plaintiff Won:
Reason not clearly mentioned.
Reason not clearly mentioned.
Losing Side's Weaknesses:
Reason not clearly mentioned.
Reason not clearly mentioned.
Supporting Evidence
Nil
Judgment Evidence:
The suit is decreed as follows: The defendant is hereby directed to pay the sum of Rs. 6,69,799/- to the plaintiff with 11.45% per annum interest from the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Gafee P.V.
- Party Age
- 46
- Relation
- S/o Abdul Khader
- Party Role
- Defendant
- Party Name
- M/s Wenstar Industries and Auto Garage
- Relation
- Proprietor
Plaintiffs Documents
Ext.A1 - Credit Sanction advice, Ext.A2 - Demand Promissory Note, Ext.A3 - Agreement of Term Loan and Hypothecation, Ext.A4 - Revival Letter, Ext.A5 - Account Statement.
Defendants Documents
Nil.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.T.Ajayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Anjana.V.T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sreehari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Recovery with Interest
Outcome:
Granted
Description:
Directed defendant to pay Rs. 6,69,799/- to the plaintiff with interest
Evidence:
The defendant is hereby directed to pay the sum of Rs. 6,69,799/- to the plaintiff with 11.45% per annum from the date of suit till today and thereafter with an interest @ 6% per annum till the date of realization.
Documents & Evidence
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Submitted as evidence in the suit.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Submitted as evidence in the suit.
Reference:
Ext.A2
Document Type:
Agreement of Term Loan and Hypothecation
Submitted By:
Plaintiff
Relevance:
Submitted as evidence in the suit.
Reference:
Ext.A3
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Submitted as evidence in the suit.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Submitted as evidence in the suit.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Indian Overseas Bank vs Gafee and M/s Wenstar Industries regarding loan recovery
Case Code Year
Case between Indian Overseas Bank vs Gafee and M/s Wenstar Industries regarding loan recovery