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O.S. No. 941/2022

Case between M/s. Indian Overseas Bank vs Mrs. Nisha regarding realization of money

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2024-10-09
Duration
approximately-7 years 1 month
Case Closed
Wed, 10/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, M/s. Indian Overseas Bank, claims that the defendant, Mrs. Nisha, defaulted on loan repayments amounting to Rs. 4,96,233.30. The bank initiated this suit for the realization of the outstanding amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, allowing them to realize the due amount from the defendant. Interest and costs were also granted.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.4,96,233.30 from the defendant and from her assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to realize the due amount from the defendant. Interest and costs were also granted.
Why Plaintiff Won:
The uncontroverted evidence established the plaintiff's case.
Losing Side's Weaknesses:
The uncontroverted evidence established the plaintiff's case.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A10 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize Rs.4,96,233.30 from the defendant and from her assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Indian Overseas Bank
Party Role
Defendant
Party Name
Mrs. Nisha
Party Age
40
Plaintiffs Documents
Demand promissory note, Letter of hypothecation, Term loan agreement, Revival letter, Lawyer notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.N. Sivasankaran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sunil Shankar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sandra S.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Unnikrishanan S.
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize Rs.4,96,233.30 from the defendant.
Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.4,96,233.30 from the defendant and from her assets.
Relief Type: Recovery
Outcome: Granted
Description:
Interest at 12% per annum on the awarded amount.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,96,233.30 from the date of suit till date of decree from the defendant and from her assets.
Relief Type: Recovery
Outcome: Granted
Description:
Interest at 6% per annum from the date of decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,96,233.30 from date of decree till date of realization from the defendant and from her assets.
Relief Type: Recovery
Outcome: Granted
Description:
Costs of the suit to be realized from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from her assets.

Documents & Evidence

Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Serves as evidence for the loan agreement and the amount owed.
Reference:
Ext.A1
Document Type: Letter of Hypothecation
Submitted By: Plaintiff
Relevance:
Documents the hypothecation agreement for securing the loan.
Reference:
Ext.A2
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
Another instance of the promissory note supporting the loan claim.
Reference:
Ext.A3
Document Type: Term loan and Hypothecation agreement
Submitted By: Plaintiff
Relevance:
Details the terms and conditions of the term loan provided to the defendant.
Reference:
Ext.A4
Document Type: Revival Letter
Submitted By: Plaintiff
Relevance:
Indicates the renewal of terms related to the loan.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Serves as a formal notification regarding the loan default.
Reference:
Ext.A6
Document Type: Acknowledgement card and postal receipts
Submitted By: Plaintiff
Relevance:
Evidence of the notice being served to the defendant.
Reference:
Ext.A7 series
Document Type: Returned Postal cover
Submitted By: Plaintiff
Relevance:
Indicates the failed delivery of the notice to the defendant.
Reference:
Ext.A8
Document Type: Statement of cash credit facility
Submitted By: Plaintiff
Relevance:
Shows the account statement relevant to the cash credit facility debt.
Reference:
Ext.A9
Document Type: Statement of term loan
Submitted By: Plaintiff
Relevance:
Details the account statement for the term loan.
Reference:
Ext.A10

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 Mrs. Nisha regarding realization of money
Case Code Year
Case between M/s. Indian Overseas Bank vs Mrs. Nisha regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 08/31/2017 - 12:00
Case Closed
Wed, 10/09/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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