Case Summary
The plaintiff, M/s IDBI Bank, seeks to recover a loan amount from the defendant, Shri. Sajeeb V.S, who defaulted on repayment. The bank issued notices and filed the suit after the defendant failed to respond to the demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.4,57,527.79 from the defendant, with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest. The lawsuit was decreed, and the plaintiff was granted the relief prayed for.
Why Plaintiff Won:
The unrebutted oral testimony and evidence established the plaintiff's claim against the defendant.
The unrebutted oral testimony and evidence established the plaintiff's claim against the defendant.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence established the plaintiff's claim against the defendant.
The unrebutted oral testimony and evidence established the plaintiff's claim against the defendant.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established the case as pleaded by plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.4,57,527.79 from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s IDBI Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shri. Sajeeb V.S
- Party Age
- 37
- Relation
- s/o
Plaintiffs Documents
Original Demand Promissory Note, Original loan sanction letter, Original Hypothecation Cum-loan Agreement, Original guarantee Agreement, Copy of Lawyers Notice, Copy of demand notice, Original unclaimed notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Sujesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Keerthi K. Naeayan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin B.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jeevan Joy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount due from the defendant.
Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize a sum of Rs.4,57,527.79 from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest on the due amount.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,57,527.79 from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to recover interest from the date of decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,57,527.79 from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document confirms the approval of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Hypothecation-Cum-Loan Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the loan provided to the defendant.
Reference:
Ext.A3
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
This document secures the loan with a guarantee.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the loan default.
Reference:
Ext.A5
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal demand for repayment sent to the defendant.
Reference:
Ext.A6
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
This notice indicates that the legal notice sent to the defendant was unclaimed.
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 M/s IDBI Bank vs Shri. Sajeeb V.S regarding realization of money
Case Code Year
Case between M/s IDBI Bank vs Shri. Sajeeb V.S regarding realization of money