Case Summary
The plaintiff, Karnataka Bank, is seeking to recover a loan amount from the defendants for defaulting on repayment. The defendants had taken a loan to purchase a car and failed to comply with the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 6,07,047.07/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff's case was unchallenged and proved by the exhibits and admissions in the written statement.
The plaintiff's case was unchallenged and proved by the exhibits and admissions in the written statement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff’s case stands unchallenged and it is proved by the exhibits and admission in the written statement.
Judgment Evidence:
In the result, suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 6,07,047.07/- with interest at the rate of 10.5% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri.Vinu Devassykutty
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Riyas Hassan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabnam Riyaz
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Application cum proposal, Loan Application, Term Loan Agreement, Hypothecation Agreement, Acknowledgment of Debt, Demand Notice for repayment, Postal Receipt, Acknowledgment Card, Reply Notice, Bank Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T. Ajeesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Somasekharan Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 6,07,047.07 with interest from the defendants.
Evidence:
Hence the suit decreed as prayed for. The plaintiff is entitled to realise an amount of Rs. 6,07,047.07/- (Rupees Six Lakh Seven Thousand Forty Seven and Seven paise only) with interest at the rate 10.5% per annum from the date of the suit till the date of decree.
Documents & Evidence
Document Type:
Application cum proposal
Submitted By:
Plaintiff
Relevance:
Document related to the loan application process.
Reference:
Ext.A1
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Application for the loan taken by the defendants.
Reference:
Ext.A2
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms of the loan provided to the defendants.
Reference:
Ext.A3
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for hypothecation related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgments by defendants confirming their debt.
Reference:
Ext.A5, Ext.A6, Ext.A7
Document Type:
Demand Notice for repayment
Submitted By:
Plaintiff
Relevance:
Notice sent to defendants demanding repayment.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for posting the demand notice.
Reference:
Ext.A9
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
Documents related to non-delivery of the demand notice.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of notices.
Reference:
Ext.A11
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from defendants regarding the demand.
Reference:
Ext.A12
Document Type:
Bank Statement of account
Submitted By:
Plaintiff
Relevance:
Statement providing details of the loan account.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Karnataka Bank et al vs Riyas Hassan et al regarding Realisation of Money
Case Code Year
Case between Karnataka Bank et al vs Riyas Hassan et al regarding Realisation of Money