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
The suit is decreed in favor of the plaintiff, entitling them to recover a total of Rs.6,44,052.68 along with interest and costs from the defendant.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A7 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Sunitha Suresh
- Relation
- D/o
Plaintiffs Documents
Credit sanction advice, Demand promissory note, Deed of hypothecation, Letter of undertaking, Revival letter, Copy of demand notice, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Sujesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin B.
- Appearance Type
- Assisting Counsel
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
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 Sunitha Suresh regarding recovery of loan amount
Case Code Year
Case between Indian Overseas Bank vs Sunitha Suresh regarding recovery of loan amount