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
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
Why Plaintiff Won:
The uncontroverted evidence established the plaintiff's case.
The uncontroverted evidence established the plaintiff's case.
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
Plaintiffs
M/s. Indian Overseas Bank (Age not specified years)
Thekkekkara Mansion, First Floor, M.G. Road, Ernakulam, Cochin682 035
Defendants
Mrs. Nisha (40 years years)
Kolandathu, Erezha North, Mavelikara, Chettikulangara, Kannamangalam (part), Alappuzha690106
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