Case Summary
M/s. Indian Overseas Bank filed a suit to recover a loan amount of Rs.9,13,923.28 from the defendants, Mrs. Vishwasmitha M.S. and Mr. Aneesharadh N.A., who defaulted on repayments. The bank claimed that multiple reminders were issued but the defendants failed to settle the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs.9,13,923.28 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.9,13,923.28 from the defendants.
Parties Involved
Plaintiffs
M/s. Indian Overseas Bank (Age not specified years)
Ernakulam Main Branch, Thekkekkara Mansion, First Floor, M.G.Road, Ernakulam, Cochin – 682035.
Defendants
Mrs. Vishwasmitha M.S. (46 years)
Nikathithara House, Njarakal P.O., Ernakulam District, Pin682505
Mr. Aneesharadh N.A. (50 years)
Raina De Sala Beauty Parlor, S/o. Achutten, Door No.43/130, SND Samajam Building, Chittoor Road, Ayyappankavu, Ernakulam North, Pin682018
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize a sum of Rs.9,13,923.28 from the defendants.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 11.85% per annum from the date of suit.
Evidence:
2. Plaintiff is entitled to realize interest @ 11.85% per annum for Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest at 6% per annum from date of decree till realization.
Evidence:
3. Plaintiff is entitled to realize interest @ 6% per annum for Rs.9,13,923.28...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4. Plaintiff is entitled to realize costs of the suit from defendants...
Documents & Evidence
Document Type:
Credit Sanction letter
Submitted By:
Plaintiff
Relevance:
The document serves as proof of the credit sanction for the loan availed by the defendants.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the financial obligation of the defendants regarding the loan.
Reference:
Ext.A2
Document Type:
Agreement of Term Loan and Hypothecation
Submitted By:
Plaintiff
Relevance:
Details the terms of the loan and the hypothecation of assets as security for repayment.
Reference:
Ext.A3
Document Type:
Request Letter for Payment
Submitted By:
Plaintiff
Relevance:
Serves as a formal request for payment of the installments due.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges the liability of the defendants towards the bank.
Reference:
Ext.A5
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Another acknowledgment of liability and terms regarding the loan repayment.
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Continues the acknowledgment of the debt by the defendants.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A legal notice issued to the defendants concerning their default.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of the communication sent to the defendants.
Reference:
Ext.A9
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount due from the defendants.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of PW1 supported the plaintiff's claims.
Reference: