Case Summary
Karnataka Bank filed a suit against Mr. Madhu N.R for recovery of a loan repayment of ₹80,245.03. The defendant failed to repay the loan, leading the bank to seek a decree for the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹80,245.03 with interest at 6% per annum from the date of that suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant pay the outstanding amount of ₹80,245.03 with interest at the rate of 6% per annum from the date of the suit until realization. The plaintiff was also awarded the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully proved the case based on uncontested evidence.
The plaintiff successfully proved the case based on uncontested evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the case based on uncontested evidence.
The plaintiff successfully proved the case based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹80,245.03/- (Rupees eighty thousand two hundred and forty five and three paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karnataka Bank
- Party Role
- Defendant
- Party Name
- Mr. Madhu N.R
- Party Age
- 55
- Relation
- S/o.
Plaintiffs Documents
Loan Application Form, Credit Sanction Intimation, Hypothecation Agreement, Term loan Agreement, Undertaking Letter, Acknowledgment of debt, Loan Recall Notice, Lawyer Notice, Postal Acknowledgment Card, Copy of RC Book of TVS Auto KL - 07 - CD-2893, Computer print out of Statement of account for the period from 08.05.2015 to 10.03.2024.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dennis Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nelson Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a total amount with interest to the plaintiff.
Evidence:
I am of the opinion that the plaintiff is entitled to recover the same from the defendant, with interest from the date of suit.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence proving the loan application made by the defendant.
Reference:
Ext.A1
Document Type:
Credit Sanction Intimation
Submitted By:
Plaintiff
Relevance:
This document was introduced to show the credit sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This document established the hypothecation agreement related to the loan.
Reference:
Ext.A3
Document Type:
Term loan agreement
Submitted By:
Plaintiff
Relevance:
This document outlined the terms of the loan agreement.
Reference:
Ext.A4
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
This document was used to corroborate the undertaking made by the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
This document confirmed the acknowledgment of the debt by the defendant.
Reference:
Ext.A6
Document Type:
Loan recall notice
Submitted By:
Plaintiff
Relevance:
This document served as notice to recall the loan from the defendant.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was a formal notice sent through a lawyer regarding the loan.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document served as evidence of receipt of a notice.
Reference:
Ext.A9
Document Type:
Copy of RC Book of TVS Auto
Submitted By:
Plaintiff
Relevance:
This document was provided to support the claim related to the loan collateral.
Reference:
Ext.A10
Document Type:
Computer print out of Statement of Account
Submitted By:
Plaintiff
Relevance:
This document showed the statement of account for the loan period.
Reference:
Ext.A11
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 Karnataka Bank vs Mr. Madhu N.R regarding realisation of money.
Case Code Year
Case between Karnataka Bank vs Mr. Madhu N.R regarding realisation of money.