Case Summary
Syndicate Bank filed a suit against Sidik.A for the recovery of a vehicle loan amount of Rs.2,17,684.03/- along with interest. The defendant failed to appear in court, leading to the case proceeding ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise ₹2,17,684.03/- from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of defaulted loan amount along with interest and costs.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount claimed in the suit.
The plaintiff proved that the defendant owed the amount claimed in the suit.
Losing Side's Weaknesses:
The plaintiff proved that the defendant owed the amount claimed in the suit.
The plaintiff proved that the defendant owed the amount claimed in the suit.
Supporting Evidence
The evidence of the plaintiff is unchallenged because the defendant was set exparte and PW1 was not cross-examined.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹2,17,684.03/- from the defendant and his assets. 2. Plaintiff is allowed to realise interest at the rate of 10.75% per annum with monthly rests from 04/06/2015 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syndicate Bank
- Party Role
- Defendant
- Party Name
- Sidik.A
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 29/04/2015, Proforma Invoice dated 01/03/2015, Receipt dated 04/05/2015, Composite Hypothecation Agreement dated 04/05/2015, Acknowledgment of Debt dated 03/05/2018, Lawyer’s Notice dated 29/08/2018, Statement of Account from 04/05/2015 to 31/12/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover the loan amount from the defendant.
Evidence:
Therefore, the Plaintiff is entitled to recover defaulted loan amount of Rs.2,17,684.03/- with future agreed interest at the prevailing interest rate of 10.75% per annum with monthly rest from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover interest on the loan amount.
Evidence:
Plaintiff is allowed to realise interest at the rate of 10.75% per annum with monthly rests from 04/06/2015 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover future interest.
Evidence:
Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover costs of the suit.
Evidence:
Plaintiff is allowed to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Proforma Invoice
Submitted By:
Plaintiff
Relevance:
Proforma invoice related to the loan.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the loan disbursal.
Reference:
Ext.A3
Document Type:
Composite Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Agreement for hypothecation related to the loan.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendant regarding the debt.
Reference:
Ext.A5
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice demanding repayment of the loan.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing the transaction history of the loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Syndicate Bank vs Sidik.A regarding realisation of money
Case Code Year
Case between Syndicate Bank vs Sidik.A regarding realisation of money