Case Summary
The South Indian Bank Limited filed a suit against Mahesh N and Prema N R for recovery of a loan amount. The defendants defaulted on payments for a car loan, leading to the bank seeking legal remedy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay an amount of ₹3,44,766.88 plus 10% interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest. The plaintiff is entitled to recover the amount from the defendants' assets if the payment is not made.
Why Plaintiff Won:
The proof affidavit and documents submitted by the plaintiff satisfactorily proved the claims made in the plaint.
The proof affidavit and documents submitted by the plaintiff satisfactorily proved the claims made in the plaint.
Losing Side's Weaknesses:
The proof affidavit and documents submitted by the plaintiff satisfactorily proved the claims made in the plaint.
The proof affidavit and documents submitted by the plaintiff satisfactorily proved the claims made in the plaint.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
The suit is decreed directing the defendants to pay an amount of ₹3,44,766.88 (Rupees Three Lakh Forty-Four Thousand Eight Hundred Sixty-Five and Paise Twenty-Seven only), with 10% interest per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Limited
- Party Role
- Defendant
- Party Name
- Mahesh N alias Mahesan N
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prema N R
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Original of Vehicle loan cum Hypothecation Agreement, Original of Guarantee Agreement, Original of the Demand Promissory Note, True copy of the registered notice issued to the 1st defendant, A/D Card of the notice issued to the 1st defendant, True copy of the SARFASI notice issued to the defendants, Statement of account bearing A/c No.0817655000000089 issued by the plaintiff Bank for the period from 17/05/2018 to 14/11/2023 duly certified under the Banking Book of Evidence Act.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunu P John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Laija George K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.S Abdul Khader
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the decree amount from the defendants.
Evidence:
The suit is decreed directing the defendants to pay an amount of ₹3,44,766.88.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Interest at 10% per annum from the date of suit till the date of decree.
Evidence:
With 10% interest per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.
Documents & Evidence
Document Type:
Loan Agreement-cum-Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the first defendant agreeing to repay the loan amount with interest.
Reference:
Ext.A1
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the second defendant to guarantee the loan.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promised repayment of the loan amount with interest.
Reference:
Ext.A3
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the first defendant regarding outstanding dues.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Proof of service for the notice issued to the first defendant.
Reference:
Ext.A5
Document Type:
SARFAESI Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of the outstanding amount.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the outstanding loan amount and interest.
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 The South Indian Bank Limited vs Mahesh N alias Mahesan N et al regarding Suit for money.
Case Code Year
Case between The South Indian Bank Limited vs Mahesh N alias Mahesan N et al regarding Suit for money.