Case Summary
The plaintiff, Bank of India, is seeking to recover a loan amount from the defendant, Smt. Suhairunnissa, who has defaulted on her repayments. The defendant is the proprietor of a building materials business that availed a loan but failed to comply with the repayment terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 11,38,784.05/- (Rupees eleven lakh thirty eight thousand seven hundred eighty four and five paise only) to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount with interest.
Why Plaintiff Won:
The unchallenged oral testimony of PW1 coupled with the evidence presented demonstrated that the defendant had defaulted on her loan repayment.
The unchallenged oral testimony of PW1 coupled with the evidence presented demonstrated that the defendant had defaulted on her loan repayment.
Losing Side's Weaknesses:
The unchallenged oral testimony of PW1 coupled with the evidence presented demonstrated that the defendant had defaulted on her loan repayment.
The unchallenged oral testimony of PW1 coupled with the evidence presented demonstrated that the defendant had defaulted on her loan repayment.
Supporting Evidence
The unchallenged oral testimony of PW1 very well goes to show that the defendant availed cash credit facility with a limit of 10,00,000/- and defaulted repayment.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of 11,38,784.05/- to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- BANK OF INDIA
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- SMT. SUHAIRUNNISSA
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Sanction Letter, Demand Promissory Note, Undertaking Letter, Loan-cum-Hypothecation Agreement, Acknowledgment of Debt and Security, Registered Lawyer Notice, Postal Acknowledgment Card, Statement of Account, Non-Starter Report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Lissy.K.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ratnakaran M.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the outstanding amount to the plaintiff.
Evidence:
Accordingly, the suit is liable to be decreed directing the defendant to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of the suit until realization.
Evidence:
The plaintiff will be entitled for an interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
This document shows the approval of the cash credit facility granted to the defendant.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a formal agreement where the defendant promises to pay back the loan amount.
Reference:
Ext.A2
Document Type:
Undertaking Letter
Submitted By:
Plaintiff
Relevance:
This letter confirms the defendant's commitment regarding the cash credit terms.
Reference:
Ext.A3
Document Type:
Loan-cum-Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
This agreement secures the loan with the hypothecation of business stock.
Reference:
Ext.A4
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document acknowledges the defendant's outstanding liability to the bank.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice recalls the cash credit facility and informs the defendant of her obligations.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card confirms the defendant's receipt of the legal notice.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This statement shows the transactions and outstanding amount on the defendant's cash credit account.
Reference:
Ext.A8
Document Type:
Non-starter report
Submitted By:
Plaintiff
Relevance:
This report indicates the status of the defendant's loan and related documents.
Reference:
Ext.A9
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between BANK OF INDIA vs SMT. SUHAIRUNNISSA regarding realisation of amount from the defendants.
Case Code Year
Case between BANK OF INDIA vs SMT. SUHAIRUNNISSA regarding realisation of amount from the defendants.