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ORIGINAL SUIT No. 90 OF 2017

Case between Indian Overseas Bank vs Gafee and M/s Wenstar Industries regarding loan recovery

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-10-21
Duration
0 years 3 months
Case Closed
Sat, 10/21/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 07/19/2017 - 12:00
Case Closed
Sat, 10/21/2017 - 12:00
From
Sun, 10/01/2017 - 12:00
To
Tue, 10/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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