Case Summary
The case involves Vijaya Bank, which is seeking to recover a loan amount from M.P.Nainar. M.P.Nainar defaulted on the repayment of a loan taken for agricultural purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs 67,683/- with interest at the rate of 10% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Vijaya Bank, allowing the recovery of the loan amount due from M.P.Nainar. The defendant failed to challenge the evidence presented by the plaintiff.
Why Plaintiff Won:
The plaintiff proved the case by adducing cogent and reliable evidence.
The plaintiff proved the case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved the case by adducing cogent and reliable evidence.
The plaintiff proved the case by adducing cogent and reliable evidence.
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. 1. Plaintiff is entitled to realize an amount of Rs 67,683/- (Rupees Sixty Seven Thousand Six Hundred and Eighty Three only) with interest at the rate of 10 % per annum from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Relation
- Rep. By its Branch Manager
- Party Role
- Defendant
- Party Name
- M.P.Nainar
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Loan application dated 08.02.2016, Loan Sanction Advice dated 09.02.2006, Loan Agreement cum Hypothecation Deed dated 09.02.2006, Acknowledgements of liability dated: 29-12-2007, 28-12-2009, 11-10-2012, 10-10-2016, Copy of the lawyer notice dated 03.07.2015, 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 67,683/- 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 defendants.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was used to establish that the defendant applied for a loan.
Reference:
Ext.A1
Document Type:
Loan Sanction Advice
Submitted By:
Plaintiff
Relevance:
This document shows the approval of the loan applied for by the defendant.
Reference:
Ext.A2
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
This document details the terms and conditions of the loan agreement between the plaintiff and defendant.
Reference:
Ext.A3
Document Type:
Acknowledgements of liability
Submitted By:
Plaintiff
Relevance:
These documents confirm the liabilities acknowledged by the defendant regarding the loan.
Reference:
Ext.A4 to A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the demand made to the defendant for repayment.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document provides details on the account transactions related to the loan.
Reference:
Ext.A9
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
Recovery of money
Case Code
Case between Vijaya Bank vs M.P.Nainar regarding realization of money
Case Code Year
Case between Vijaya Bank vs M.P.Nainar regarding realization of money