Case Summary
The case involves The South Indian Bank Limited seeking recovery of a loan amount from defendants Mohammed Najeeb P.A and Rajila Najeeb. The dispute arises over a loan for purchasing a vehicle, which the bank claims has not been repaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs. 2,64,732/- with interest at the rate of 12.75% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the claimed amount with interest. The counter claim made by the defendants was dismissed.
Why Plaintiff Won:
The plaintiff successfully proved the loan amount due with supporting documents.
The plaintiff successfully proved the loan amount due with supporting documents.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan amount due with supporting documents.
The plaintiff successfully proved the loan amount due with supporting documents.
Supporting Evidence
The plaintiff was constrained to sue for the amount that is legally due to him. Hence, there is no reason to deviate from the rule “costs shall follow the event”.
Judgment Evidence:
In the result, counter claim dismissed and the suit is decreed with costs as follows:- The plaintiff is entitled to realise an amount of Rs. 2,64,732/- (Rupees Two Lakh Sixty Four Thousand Seven Hundred and Thirty Two only) with interest at the rate of 12.75% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Limited
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mohammed Najeeb P.A
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajila Najeeb
- Party Age
- 48
- Relation
- W/o
Plaintiffs Documents
Sanction of Vehicle Loan, Agreement cum Deed of Hypothecation, Agreement of Guarantee, Office copy of Legal Notice, Postal Receipts, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. George Mathews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju George
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.S.Varun
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.Sankara Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Reeja
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a sum of Rs. 2,64,732/- from the defendants with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 2,64,732/- (Rupees Two Lakh Sixty Four Thousand Seven Hundred and Thirty Two only) with interest.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The court refused the counter claim for a mandatory injunction to issue a no objection certificate.
Evidence:
Thus, the counter claim plaintiff is not entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document serves as the sanction of the vehicle loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
This agreement secured the loan with the motor vehicle as collateral.
Reference:
Ext.A2
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
This agreement made the second defendant liable for the loan taken by the first defendant.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the legal notice issued by the plaintiff to the defendants regarding the dues.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This receipt shows the postal communication related to the legal notice sent to the defendants.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document evidences the outstanding amount due as per the loan account as of 14/06/2018.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is a copy of the Power of Attorney related to the case.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is another Power of Attorney linked with the loan agreement.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of Loan
Case Code
Case between The South Indian Bank Limited vs Mohammed Najeeb P.A et al regarding Realisation of Money
Case Code Year
Case between The South Indian Bank Limited vs Mohammed Najeeb P.A et al regarding Realisation of Money