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
The court decreed the suit in favor of the plaintiff, allowing the recovery of the amount due from the defendants. The plaintiff is entitled to both the principal amount and interest.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A8 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of India
- Relation
- represented by its Manager Anand M V
- Party Role
- Defendant
- Party Name
- Shamna Basheer
- Party Age
- 31
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Aysha Basheer
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Copy of the loan application dated 02.12.2021, Copy of loan sanction details dated 03.01.2012, Copy of deed of guarantee signed by defendant 2 dated 04.01.2012, Copy of letter dated 26.03.2018 addressed by the defendant 1, Copy of lawyer's notice dated 06.11.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanish C.R.
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Bank of India vs Shamna Basheer, Aysha Basheer regarding realization of money.
Case Code Year
Case between Bank of India vs Shamna Basheer, Aysha Basheer regarding realization of money.