Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
Commercial Suit No.36/2025

Case between BANK OF INDIA vs SMT. SUHAIRUNNISSA regarding realisation of amount from the defendants.

Court
Commercial Court III
Judge
Sri. Sidhik. K
Order Date
2025-10-16
Duration
approximately-3 years 8 months
Case Closed
Thu, 10/16/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
The court has decreed the suit in favor of the plaintiff, ordering the defendant to pay the outstanding loan amount with interest.
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.
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.
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.

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Wed, 02/23/2022 - 12:00
Case Closed
Thu, 10/16/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

Similar Cases

Case between The State Bank of India vs Athira Raveendran regarding realisation of an amount.
Commercial Court of Kozhikode
Commercial Suit Plaintiff Won
Case between Canara Bank vs Niyas et al regarding realisation of loan amount
COMMERCIAL COURT OF KOZHIKODE
Commercial Suit Plaintiff Won
Case between STATE BANK OF INDIA THIRUVAMBADI Branch vs BABU T JOSEPH regarding realisation of loan amount.
COURT OF COMMERCIAL/III ADDL. SUB JUDGE, KOZHIKODE
Commercial Suit Plaintiff Won
Case between STATE BANK OF INDIA vs Mr. PRASOON RAJ.C regarding realisation of amount
COMMERCIAL/III ADDL. SUB JUDGE, KOZHIKODE
Commercial Suit Plaintiff Won
Case between Kerala Gramin Bank vs Aleena Johney et al regarding realisation of money.
COURT OF THE COMMERCIAL JUDGE/ II nd ADDL. SUB JUDGE
Commercial Suit Plaintiff Won