Case Summary
Indian Overseas Bank filed a suit against Sunitha Suresh to recover outstanding dues related to a vehicle loan for a Ford Figo. The defendant failed to make timely repayments, leading to the bank classifying the account as a non-performing asset.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.6,44,052.68 from the defendant and from her assets along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony established the claim with evidence of the loan documents and acknowledgment of liability.
The unrebutted oral testimony established the claim with evidence of the loan documents and acknowledgment of liability.
Judgment Evidence:
In the result, suit is decreed as follows; Plaintiff is entitled to realize an amount of Rs.6,44,052.68 from the defendant and from her assets.
Parties Involved
Plaintiffs
Indian Overseas Bank (Age not specified years)
Chennai and having branches all over India including one at MG Road, Ernakulam
Defendants
Sunitha Suresh (Age not specified years)
Silver oak-2B, Jawahar Nager, Kadavanthra, Ernakulam, PIN: 682 020
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize Rs.6,44,052.68 from the defendant.
Evidence:
In the result, suit is decreed as follows; Plaintiff is entitled to realize an amount of Rs.6,44,052.68/- (Rupees Six Lakh Forty Four Thousand and Fifty Two and Sixty Eight Paise only) from the defendant and from her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to interest @ 7.95% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 7.95% per annum for Rs.6,44,052.68/- (Rupees Six Lakh Forty Four Thousand and Fifty Two and Sixty Eight Paise only) from the date of suit till date decree from the defendant and from her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to interest @ 6% per annum from date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.6,44,052.68/- (Rupees Six Lakh Forty Four Thousand and Fifty Two and Sixty Eight Paise only) from date of decree till date of realization from the defendant and from her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Credit Sanction Advice
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan sanction to the defendant.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document detailing the borrower’s promise to repay the loan.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Document securing the loan against the vehicle purchased.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
Document outlining the borrower's commitment concerning the loan.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Document acknowledging the liability by the defendant.
Reference:
Ext.A5
Document Type:
Copy of Demand Notice
Submitted By:
Plaintiff
Relevance:
Document notifying the defendant of the outstanding dues.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document providing details of the outstanding loan amount.
Reference:
Ext.A7