Case Summary
The case involves Vijaya Bank against Jithesh.V.P. for the recovery of a loan amount. Jithesh defaulted on the repayment of the loan taken from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs 1,23,996.50/- with interest at the rate of 11.25% per annum from the date of suit till the realization.
Case Type
Original Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the due loan amount along with interest. The plaintiff is entitled to the costs of the suit from the defendant.
Why Plaintiff Won:
The plaintiff proved its case by adducing cogent and reliable evidence which remained unchallenged as the defendant was ex parte.
The plaintiff proved its case by adducing cogent and reliable evidence which remained unchallenged as the defendant was ex parte.
Losing Side's Weaknesses:
The plaintiff proved its case by adducing cogent and reliable evidence which remained unchallenged as the defendant was ex parte.
The plaintiff proved its case by adducing cogent and reliable evidence which remained unchallenged as the defendant was ex parte.
Supporting Evidence
I find no reason to disbelieve PW.1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows; Plaintiff is entitled to realise an amount of Rs 1,23,996.50/- (Rupees One Lakh Twenty Three Thousand Nine Hundred and Ninety Six and Fifty Paise only) with interest at the rate of 11.25 % per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Relation
- Rep. By
- Party Role
- Defendant
- Party Name
- Jithesh.V.P.
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 15-3-2007, Loan Sanction dated 16.03.2007, Loan Agreement cum Hypothecation Deed dated 16.03.2007, Acknowledgements of liability dated 16-2-2010, Acknowledgements of liability dated 31-12-2012, Acknowledgements of liability dated 17-11-2015, Copy of the Registered lawyer notice dated 28.06.2016, Copy of statement of accounts showing the details of the loan transaction.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.V.Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs 1,23,996.50/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Defendant applied for a loan of Rs. 47,500/- from the plaintiff bank.
Reference:
Ext.A1
Document Type:
Loan Sanction
Submitted By:
Plaintiff
Relevance:
Loan sanction document dated 16.03.2007.
Reference:
Ext.A2
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Document detailing the loan agreement terms.
Reference:
Ext.A3
Document Type:
Acknowledgements of liability
Submitted By:
Plaintiff
Relevance:
Documents acknowledging the defendant's liability.
Reference:
Ext.A4 to A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 28.06.2016 sent to the defendant.
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Copy of the statement showing loan transaction details.
Reference:
Ext.A8
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Vijaya Bank et al vs Jithesh.V.P. regarding realization of money
Case Code Year
Case between Vijaya Bank et al vs Jithesh.V.P. regarding realization of money