Case Summary
The plaintiff, Tamilnadu Mercantile Bank Ltd., is seeking repayment of a loan amount due from the defendant, Nazimudeen.A., who has defaulted on the payment terms. The court found in favor of the plaintiff bank, which provided evidence of the outstanding loan amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.97,189.38/- with interest at the rate of 8% 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the claim for repayment of the loan amount with interest. The defendant was found to have willfully defaulted on the loan repayments.
Why Plaintiff Won:
The plaintiff successfully proved their case by submitting sufficient evidence.
The plaintiff successfully proved their case by submitting sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Ext. A1 to A15 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his 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.97,189.38/- with interest at the rate of of 8% 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 defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tamilnadu Mercantile Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Nazimudeen.A.
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Loan Sanction Intimation, Articles of agreement, Requisition of avail the loan, Single Pronote, Take delivery letter, The letter of undertaking, Consent letter, Revival Letter, Copy of Legal Notice, Acknowledgment card, Statement of Account, Food and safety registration.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B.Madhusudhanan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.97,189.38 with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.97,189.38 with interest...
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The document establishes authorization for the manager of the plaintiff bank to act on behalf of the bank.
Reference:
Ext.A1
Document Type:
Loan Sanction Intimation
Submitted By:
Plaintiff
Relevance:
This document indicates the approval of the loan to the defendant.
Reference:
Ext.A2
Document Type:
Articles of agreement
Submitted By:
Plaintiff
Relevance:
It outlines the terms and conditions agreed upon by both parties regarding the loan.
Reference:
Ext.A3
Document Type:
Requisition letter
Submitted By:
Plaintiff
Relevance:
The document requests the disbursement of the loan.
Reference:
Ext.A4
Document Type:
Single Pronote
Submitted By:
Plaintiff
Relevance:
The pronote serves as a written promise to pay back the loan amount.
Reference:
Ext.A5
Document Type:
Take Delivery Letter
Submitted By:
Plaintiff
Relevance:
Confirms that the defendant has taken delivery of the loan amount.
Reference:
Ext.A6
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
A commitment from the defendant regarding the terms of the loan.
Reference:
Ext.A7
Document Type:
Consent letter
Submitted By:
Plaintiff
Relevance:
The defendant's consent to the terms associated with the loan.
Reference:
Ext.A8
Document Type:
Letter of undertaking for payment of installment
Submitted By:
Plaintiff
Relevance:
Documents the defendant's agreement to pay installments.
Reference:
Ext.A9
Document Type:
Letter of undertaking cum consent
Submitted By:
Plaintiff
Relevance:
Combines undertaking and consent from the defendant.
Reference:
Ext.A10
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Indicates a renewal of terms related to the loan.
Reference:
Ext.A11
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant for non-payment.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the total outstanding amount due from the defendant.
Reference:
Ext.A14
Document Type:
Food and safety registration
Submitted By:
Plaintiff
Relevance:
Registration relevant to the defendant's business.
Reference:
Ext.A15
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 Tamilnadu Mercantile Bank Ltd. vs Nazimudeen.A. regarding Realisation of Money
Case Code Year
Case between Tamilnadu Mercantile Bank Ltd. vs Nazimudeen.A. regarding Realisation of Money