Case Summary
The South Indian Bank filed a suit against Dileep for the recovery of outstanding dues on a loan for agricultural purposes. The defendant failed to repay the loan as agreed and the case proceeded ex parte after the defendant did not submit a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay to the plaintiff the sum of Rs.1,76,569/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. 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: It is ordered that the defendant shall pay to the plaintiff the sum of Rs.1,76,569/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank
- Party Role
- Defendant
- Party Name
- Dileep
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 11.07.2019, Sanction Letter dated 31.07.2019, Agreement of Hypothecation, Acknowledgment of debt and security dated 15.01.2022, Notice dated 14.03.2022, Statement of Account dated 08.01.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreenath D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest on the outstanding amount from the date of institution of the suit till realization.
Evidence:
along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the defendant for availing the loan.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the bank approving the credit facility.
Reference:
Ext.A2
Document Type:
Agreement of Hypothecation (Agricultural Advances)
Submitted By:
Plaintiff
Relevance:
Agreement pertaining to the security for the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note for the loan amount.
Reference:
Ext.A4
Document Type:
Acknowledgment of receipt of copy of documents
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendant of receiving loan-related documents.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
Document acknowledging the debt by the defendant.
Reference:
Ext.A6
Document Type:
Office copy of the notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendant regarding loan repayment.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the outstanding amount owed by the defendant.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between The South Indian Bank vs Dileep regarding realization of money
Case Code Year
Case between The South Indian Bank vs Dileep regarding realization of money