Case Summary
The South Indian Bank filed a suit against Aneesh Kumar for recovery of a loan amount. The defendant failed to repay the loan and was proceeded against ex parte after not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 6,14,407.15 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence and documentation proving the defendant's liability.
The plaintiff provided sufficient evidence and documentation proving the defendant's liability.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence and documentation proving the defendant's liability.
The plaintiff provided sufficient evidence and documentation proving the defendant's liability.
Supporting Evidence
By producing Exts. A1 to A11 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 6,14,407.15/- (Rupees Six Lakhs Fourteen Thousand Four Hundred Seven and Paise Fifteen Only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank, Ltd, Perumpuzha Branch, Kollam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Aneesh Kumar. B
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Loan sanction intimation dated 14/01/2016, Credit facility agreement dated 14/01/2016, Demand promissory note dated 14/01/2016, Agreement for hypothecation dated 14/01/2016, Acknowledgment of receipt dated 14/01/2016, Renewal of credit facilities dated 01/09/2018, Acknowledgment of debt dated 13/08/2021, Office copy of legal notice dated 29/05/2024, Postal receipt dated 30/05/2024, Returned postal article dated 01.06.2024, Statement of account for the period from 01/01/2020 to 15/06/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- SAJU GEORGE
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of an amount due from the defendant.
Evidence:
the plaintiff is entitled to realise an amount of Rs. 6,14,407.15/-
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendant.
Evidence:
the plaintiff is entitled to realise costs of the suit from the defendant
Documents & Evidence
Document Type:
Loan Sanction Intimation
Submitted By:
Plaintiff
Relevance:
Sanction of the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
Agreement setting the terms for the loan granted.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note evidencing the loan liability.
Reference:
Ext.A3
Document Type:
Agreement for Hypothecation
Submitted By:
Plaintiff
Relevance:
Hypothecation agreement associated with the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment confirming receipt of the loan documents.
Reference:
Ext.A5
Document Type:
Renewal of credit facilities
Submitted By:
Plaintiff
Relevance:
Document relating to renewal of the credit facility.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendant.
Reference:
Ext.A7
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding repayment from the defendant.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt indicating the dispatch of legal notice.
Reference:
Ext.A9
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
Postal article returned indicating failure to deliver notice.
Reference:
Ext.A10
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement detailing the outstanding balance on the loan.
Reference:
Ext.A11
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 rent
Case Code
Case between The South Indian Bank, Ltd vs Aneesh Kumar. B regarding realization of money.
Case Code Year
Case between The South Indian Bank, Ltd vs Aneesh Kumar. B regarding realization of money.