Case Summary
Vijaya Bank filed a suit against Peethambaran.T. for the recovery of an outstanding loan amount. The defendant had defaulted on loan repayments despite being given notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs 64,974/- with interest at the rate of 8.75% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the loan amount along with interest.
Why Plaintiff Won:
The plaintiff proved their case by providing evidence of the loan agreement and the defendant's failure to repay.
The plaintiff proved their case by providing evidence of the loan agreement and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff proved their case by providing evidence of the loan agreement and the defendant's failure to repay.
The plaintiff proved their case by providing evidence of the loan agreement and the defendant's failure to repay.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. 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: 1 Plaintiff is entitled to realise an amount of Rs 64,974/- (Rupees Sixty Four Thousand Nine Hundred and Seventy Four only) with interest at the rate of 8.75% per annum from the date of suit till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Relation
- Rep. By its Branch Manager
- Party Role
- Defendant
- Party Name
- Peethambaran.T.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Loan Agreement cum Hypothecation deed dated 06.03.2009, Acknowledgement of liability dated 06.02.2012, Acknowledgement of liability dated 5-3-2015, Acknowledgement of liability dated 31-1-2018, Copy of the lawyer notices dated 12.02.2016, Copy of statement of accounts showing the details of the loan transaction
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Gireesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C.Vijayaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs 64,974/- along with interest.
Evidence:
The suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs 64,974/- (Rupees Sixty Four Thousand Nine Hundred and Seventy Four only) with interest at the rate of 8.75% per annum from the date of suit till the realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
This document details the loan agreement and terms of repayment.
Reference:
Ext.A1
Document Type:
Acknowledgement of liability
Submitted By:
Plaintiff
Relevance:
These documents serve as acknowledgments of the defendant's liability over time.
Reference:
Ext.A2 to A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant as part of the legal proceedings.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document shows the detailed transaction history and outstanding amount.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Vijaya Bank, Rep. By its Branch Manager vs Peethambaran.T. regarding realization of money
Case Code Year
Case between Vijaya Bank, Rep. By its Branch Manager vs Peethambaran.T. regarding realization of money