Case Summary
The plaintiff, Bank of India, sanctioned loans to the defendants, M/s. Sreelakshmi Kudumbasree and their members. The defendants defaulted on the repayment, prompting the plaintiff to file a suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹1,80,283 with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to repay the amount due.
Why Plaintiff Won:
The evidence presented by the plaintiff established the debt owed by the defendants.
The evidence presented by the plaintiff established the debt owed by the defendants.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the debt owed by the defendants.
The evidence presented by the plaintiff established the debt owed by the defendants.
Supporting Evidence
The evidence adduced on the side of the plaintiff was not rebutted.
Judgment Evidence:
Hence the case against D6 is abated. The present Branch Manager of the plaintiff bank was examined as PW1. The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Sreelakshmi Kudumbasree
- Party Role
- Defendant
- Party Name
- Smt. Geetha Ramasamy
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Deepa Abhilash
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nancy Anna Rasathi
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Loan application, Sanction letter, Demand Promissory Note, Acknowledgement of debt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Sajeevu Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Renu Sajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding loan amount.
Evidence:
Hence the plaintiff is entitled to recover an amount of ₹1,80,283/- (Rupees One Lakh Eighty Thousand Two Hundred and Eighty Three only) together with future interest @ 9.25% per annum from the date of suit till realization from the defendants and their assets with costs.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was part of the loan agreement for the sanctioned amount.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document confirms the approval of the loan amount.
Reference:
Ext.A2
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document details the terms of the loan arrangements.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise to repay the loan.
Reference:
Ext.A4
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
This document is related to the delivery of the demand promissory note.
Reference:
Ext.A4(a)
Document Type:
Instalment letter
Submitted By:
Plaintiff
Relevance:
This document outlines the repayment schedule for the loan.
Reference:
Ext.A5
Document Type:
Articles of Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document provides the formal articles governing the loan agreement.
Reference:
Ext.A6
Document Type:
MCLR agreement
Submitted By:
Plaintiff
Relevance:
This agreement pertains to the Marginal Cost of Funds based Lending Rate.
Reference:
Ext.A7
Document Type:
Inter-se Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreements made among the defendants.
Reference:
Ext.A8
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is related to the second loan sanctioned to the defendants.
Reference:
Ext.A9
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the approval for the second loan amount.
Reference:
Ext.A10
Document Type:
Arrangement Letter
Submitted By:
Plaintiff
Relevance:
This document describes the arrangements for the second loan.
Reference:
Ext.A11
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal promise to repay the second loan.
Reference:
Ext.A12
Document Type:
Instalment letter
Submitted By:
Plaintiff
Relevance:
This document details the repayment schedule for the second loan.
Reference:
Ext.A13
Document Type:
Articles of Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document provides the articles governing the second loan agreement.
Reference:
Ext.A14
Document Type:
MCLR agreement
Submitted By:
Plaintiff
Relevance:
This agreement relates to the MCLR for the second loan.
Reference:
Ext.A15
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document confirms the defendants' acknowledgment of their debt.
Reference:
Ext.A16
Document Type:
Acknowledgement of Debt
Submitted By:
Plaintiff
Relevance:
This document reaffirms the defendants' acknowledgment of their debt.
Reference:
Ext.A17
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to demand repayment from the defendants.
Reference:
Ext.A18
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts confirm the delivery of the notice to the defendants.
Reference:
Ext.A19
Document Type:
Copy of loan account
Submitted By:
Plaintiff
Relevance:
This document provides a history of the loan account for the relevant period.
Reference:
Ext.A20
Document Type:
Copy of loan account
Submitted By:
Plaintiff
Relevance:
This document details the transaction history of the second loan account.
Reference:
Ext.A21
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of India vs M/s. Sreelakshmi Kudumbasree et al regarding realization of money.
Case Code Year
Case between Bank of India vs M/s. Sreelakshmi Kudumbasree et al regarding realization of money.