Case Summary
M/s Indian Overseas Bank is the plaintiff seeking recovery of money from Mr.Haneef A.N, who defaulted on a loan. The court decreed in favor of the plaintiff for the amount due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs.9,23,747/- with 6% interest per annum from the date of suit until the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the principal loan amount along with interest.
Why Plaintiff Won:
The proof affidavit and submitted documents satisfactorily proved the plaint claim.
The proof affidavit and submitted documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The proof affidavit and submitted documents satisfactorily proved the plaint claim.
The proof affidavit and submitted documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.9,23,747/- with 6% interest per annum from the date of suit( ie, from 10.1.2023) till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Indian Overseas Bank
- Party Role
- Defendant
- Party Name
- Mr.Haneef A.N
Plaintiffs Documents
Original Demand promissory note, Original Agreement of term Loan and hypothecation, Original letter of hypothecation, Office copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sivasankaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil Shankar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested a decree to recover an amount due from the defendant.
Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.9,23,747/- (Rupees Nine lakhs twenty three thousand seven hundred and forty seven only) with 6% interest per annum from the date of suit( ie, from 10.1.2023) till the date of decree.
Documents & Evidence
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the loan amount demanded by the plaintiff bank from the defendant.
Reference:
Ext.A1
Document Type:
Original agreement of term loan and hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the terms and conditions of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Original Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences a subsequent demand for the principal loan amount.
Reference:
Ext.A3
Document Type:
Original letter of hypothecation
Submitted By:
Plaintiff
Relevance:
This document secures the loan against the business assets of the defendant.
Reference:
Ext.A4
Document Type:
Original letter of undertaking repayment in installment
Submitted By:
Plaintiff
Relevance:
This document details the defendant's agreement to repay the loan in installments.
Reference:
Ext.A5
Document Type:
Original undertaking letter from new borrowers
Submitted By:
Plaintiff
Relevance:
This document involves a commitment from new borrowers associated with the loan.
Reference:
Ext.A6
Document Type:
Original revival letter
Submitted By:
Plaintiff
Relevance:
This document revives the terms of the loan agreement.
Reference:
Ext.A7
Document Type:
Original confirmation of balance and security letter
Submitted By:
Plaintiff
Relevance:
This document confirms the outstanding balance of the loan.
Reference:
Ext.A8
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document is the legal notice sent to the defendant concerning the outstanding loan.
Reference:
Ext.A9
Document Type:
Original return cover and acknowledgement
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of the legal notice by the defendant.
Reference:
Ext.A10
Document Type:
certified statement of account of the term loan for the period
Submitted By:
Plaintiff
Relevance:
This document provides a certified account of the defendant's loan repayments.
Reference:
Ext.A11
Document Type:
certified statement of account of term loan for the period
Submitted By:
Plaintiff
Relevance:
This document provides a certified account of the defendant's loan status.
Reference:
Ext.A12
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 Indian Overseas Bank vs Mr.Haneef A.N regarding recovery of money
Case Code Year
Case between M/s Indian Overseas Bank vs Mr.Haneef A.N regarding recovery of money