Case Summary
The plaintiff, Bank of India, filed a suit against the defendants, Shamna Basheer and Aysha Basheer, for the recovery of a loan amount. The defendants defaulted on the loan repayments despite repeated demands from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.3,91,987/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established its claim of loan default based on uncontested evidence and documentation.
The plaintiff established its claim of loan default based on uncontested evidence and documentation.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.3,91,987/- (Rupees Three Lakhs Ninety One Thousand Nine hundred and Eighty Seven) from the defendant and from her assets.
Parties Involved
Plaintiffs
Bank of India (Age not specified years)
Kalamassery Branch, Ernakulam, Kerala State
Defendants
Shamna Basheer (31 years)
Kombanakattil House, St. Thomas Church Road, Kuttikkattukara PO, Pathalam, Eloor, Ernakulam, Pin-683501.
Aysha Basheer (60 years)
Kuzhikkattukadavil. 5/188, North Kalamassery, Kalamassery P. O, Ernakulam, Pin-683104.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.3,91,987/-(Rupees Three Lakhs Ninety One Thousand Nine hundred and Eighty Seven) from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 10% per annum from the date of suit till date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 10% per annum for Rs.3,91,987/-(Rupees Three Lakhs Ninety one thousand nine hundred and eighty seven only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at 6% per annum from date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.3,91,987/-(Rupees Three Lakhs Ninety One thousand Nine hundred and Eighty seven only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Indicates the application for the educational loan availed by the first defendant.
Reference:
Ext.A2
Document Type:
Loan Sanction Details
Submitted By:
Plaintiff
Relevance:
Details regarding the loan sanctioned to the first defendant.
Reference:
Ext.A3
Document Type:
Deed of Guarantee
Submitted By:
Plaintiff
Relevance:
Document confirming the second defendant's guarantee for the loan.
Reference:
Ext.A4
Document Type:
Letter Acknowledging Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the outstanding debt by the first defendant.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants demanding repayment of loan.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A7 series
Document Type:
Unclaimed Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice that was not claimed by the addressee.
Reference:
Ext.A8
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony from PW1 supported the plaintiff's claims.
Reference: