Case Summary
The plaintiff, Indian Overseas Bank, has filed a suit against the defendant, Nithin Nath.T.V, for the recovery of a loan amount that the defendant has failed to repay. The court found that the defendant owes ₹7,86,376.54 to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹7,86,376.54 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The case of the plaintiff stands proved through uncontested evidence.
The case of the plaintiff stands proved through uncontested evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff, an amount of 7,86,376.54/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Parties Involved
Plaintiffs
Indian Overseas Bank (Age not specified years)
Chennai and having branches all over India including one at Edappally in Ernakulam
Defendants
Nithin Nath.T.V (Age not specified years)
48/796-A, Neelamuriyil House, Vytila, Ernakulam, PIN: 682 019
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount of 7,86,376.54/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 7,86,376.54/- (Rupees seven lakhs eighty six thousand three hundred and seventy six and fifty four paise only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Other
Outcome:
Granted
Description:
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:
Used to establish the loan agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Revised Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the defendant's obligation to repay the loan.
Reference:
Ext.A2
Document Type:
Agreement of term loan and hypothication
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan and the collateral involved.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Indicates the defendant's commitment regarding the loan.
Reference:
Ext.A4
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Further evidence of the loan particulars supplied to the defendant.
Reference:
Ext.A5
Document Type:
Revised Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Reaffirmation of the defendant's liability to repay.
Reference:
Ext.A6
Document Type:
Letter of Continuity
Submitted By:
Plaintiff
Relevance:
Shows continuation of terms on the loan agreement.
Reference:
Ext.A7
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
Reiterates the obligations agreed upon by the defendant.
Reference:
Ext.A8
Document Type:
Letter of hypothication
Submitted By:
Plaintiff
Relevance:
Further evidences the collateral tied to the loan.
Reference:
Ext.A9
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Part of the loan documentation validating the claims.
Reference:
Ext.A10
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Details any renewal of terms regarding the repayment.
Reference:
Ext.A11
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
Shows transaction history and outstanding amounts owed.
Reference:
Ext.A12
Document Type:
Computer print of Statement of account
Submitted By:
Plaintiff
Relevance:
Provides additional financial details to support the claim.
Reference:
Ext.A13