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O.S No. 284/2023

Case between Indian Overseas Bank vs Nithin Nath.T.V regarding realisation of money

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-09-06
Duration
approximately-11 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed that the defendant must pay the plaintiff ₹7,86,376.54 with interest from the date of the suit until realization. Additionally, the plaintiff is entitled to recover the costs of the suit.
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
The court decreed that the defendant must pay the plaintiff ₹7,86,376.54 with interest from the date of the suit until realization. Additionally, the plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved through uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved through uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.

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

Parties

Party Role
Plaintiff
Party Name
Indian Overseas Bank
Party Role
Defendant
Party Name
Nithin Nath.T.V
Plaintiffs Documents
Credit Sanction Advice, Revised Demand Promissory Note, Agreement of term loan and hypothication
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.P Sujeshkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shalu S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswin B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Keerthi K Narayan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.M Fathima
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Asadu Ahmmed Chullinte
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aravind T Ramesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sachin Ramesh
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Indian Overseas Bank vs Nithin Nath.T.V regarding realisation of money
Case Code Year
Case between Indian Overseas Bank vs Nithin Nath.T.V regarding realisation of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 09/06/2023 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Government

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