Case Summary
The plaintiff bank, represented by its Branch Manager Cini James, filed a suit against the defendants Mr. Manoharan T.K. and Mr. Anoop for the recovery of loan amount due. The defendants failed to settle their loan account despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff’s bank is allowed to realise the plaint claim of ₹.7,51,183/- and also to realize 9% interest from the defendants from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff bank, allowing them to recover the outstanding loan amount plus interest.
Why Plaintiff Won:
The plaintiff bank was able to establish the default of the defendants in repaying the loan.
The plaintiff bank was able to establish the default of the defendants in repaying the loan.
Losing Side's Weaknesses:
The plaintiff bank was able to establish the default of the defendants in repaying the loan.
The plaintiff bank was able to establish the default of the defendants in repaying the loan.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff’s bank is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.₹.7,51,183/-(Rupees Seven Lakh Fifty One Thousand One Hundred and Eighty Three only)
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd.
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Mr.Manoharan T.K.
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Anoop
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Original Sanction / Renewal of Credit Facilities dated 24.08.2017, Demand promissory note dated 08.07.2019, Acknowledgments of debt dated 08.07.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Latha Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff’s bank is allowed to realise the plaint claim of ₹.7,51,183/- and also to realize 9% interest from the defendants until realization.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff’s bank is allowed to realise the plaint claim of Rs.₹.7,51,183/-(Rupees Seven Lakh Fifty One Thousand One Hundred and Eighty Three only) and also to realize 9% interest from the defendants and their assets from the date of the suit ie, 25.03.2025 till realization.
Documents & Evidence
Document Type:
Original Sanction / Renewal of Credit Facilities
Submitted By:
Plaintiff
Relevance:
This document was used to establish the loan facility sanctioned to the defendants.
Reference:
Ext.A1
Document Type:
Original Sanction / Renewal of Credit Facilities
Submitted By:
Plaintiff
Relevance:
This document was used to establish the enhanced loan facility sanctioned to the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was executed by the defendants to secure repayment of the loan.
Reference:
Ext.A3
Document Type:
Supplemental Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlined the hypothecation of assets against the loan.
Reference:
Ext.A4
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
This document detailed the terms of the credit facility provided to the defendants.
Reference:
Ext.A5
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
This document was executed by the 2nd defendant guaranteeing the loan repayment.
Reference:
Ext.A6
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
These documents were used to confirm the debt and security agreements made by the defendants.
Reference:
Ext.A7, Ext.A8, Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of communication with the second defendant.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document was used to evidence receipt of legal notices.
Reference:
Ext.A11
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
These documents demonstrated attempts to notify the defendants regarding the suit.
Reference:
Ext.A11(a), Ext.A11(b)
Document Type:
Copy of Account statement
Submitted By:
Plaintiff
Relevance:
This document provided the financial details of the plaintiff’s claim.
Reference:
Ext.A12
Document Type:
65B Certificate
Submitted By:
Plaintiff
Relevance:
This document was used to authenticate electronic records as evidence.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between The South Indian Bank Ltd. vs Mr.Manoharan T.K., Mr.Anoop regarding realisation of money.
Case Code Year
Case between The South Indian Bank Ltd. vs Mr.Manoharan T.K., Mr.Anoop regarding realisation of money.