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Commercial Suit No.36/2024

Case between The Federal Bank Limited vs Mrs. Salamma Kurian et al regarding recovery of loan amount

Court
IN THE COURT OF COMMERCIAL/III ADDL. SUB JUDGE, KOZHIKODE
Judge
Sri. Sidhik. K
Order Date
2025-03-20
Duration
approximately-7 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, The Federal Bank Limited, filed a suit against the defendants, Mrs. Salamma Kurian and Mr. Jelly Sebastian, for recovery of a loan amount of Rs.12,33,483.72/- due to non-payment. Despite multiple notices, the defendants failed to repay the loan.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay an amount of Rs.12,33,483.72/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount.
Why Plaintiff Won:
The defendants failed to repay the loan despite multiple demands.
Losing Side's Weaknesses:
The defendants failed to repay the loan despite multiple demands.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with documents Exts. A1 to A14 very well shows that the defendants failed to repay the outstanding amount with interest to plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: Defendants are directed to pay an amount of Rs.12,33,483.72/- to the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Limited
Party Role
Defendant
Party Name
Mrs. Salamma Kurian
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Mr. Jelly Sebastian
Party Age
63
Relation
S/o
Plaintiffs Documents
Power of Attorney, Loan Application, Sanction Order, Demand Promissory Note, Security Delivery Letter, Agreement for Agricultural Loan, Registered Janmam Assignment Deed, Memorandum of Deposit of Title Deeds, Letters of Confirmation of Balance Outstanding, Lawyer's Notice, Statement of Account.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Gimmy George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Sinija.C
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff seeks recovery of outstanding loan amount from defendants.
Evidence:
The suit is decreed directing the defendants to pay the outstanding amount.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff entitled to interest on the loan amount from the date of the suit.
Evidence:
The plaintiff will be entitled for 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:
Plaintiff entitled to recover costs associated with the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Authored by the Manager and Branch Head of the plaintiff bank, it gives him authority to depose to the facts of the case.
Reference:
Ext.A1
Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
The application for the loan made by the defendants.
Reference:
Ext.A2
Document Type: Sanction order
Submitted By: Plaintiff
Relevance:
The order from the plaintiff bank approving the loan.
Reference:
Ext.A3
Document Type: Demand Promissory Note
Submitted By: Plaintiff
Relevance:
The note executed by the defendants promising to pay the loan amount with interest.
Reference:
Ext.A4
Document Type: Security Delivery Letter
Submitted By: Plaintiff
Relevance:
Document outlining the collateral pledged by the defendants.
Reference:
Ext.A5
Document Type: Original Agreement for Agriculture Loan
Submitted By: Plaintiff
Relevance:
Agreement detailing the terms of the loan provided to the defendants.
Reference:
Ext.A6
Document Type: Registered Janmam Assignment Deed
Submitted By: Plaintiff
Relevance:
Legal document pertaining to the property pledged by the defendants.
Reference:
Ext.A7
Document Type: Memorandum of deposit of title deeds
Submitted By: Plaintiff
Relevance:
Document confirming the deposit of title deeds as collateral.
Reference:
Ext.A8
Document Type: Letter of confirmation of balance outstanding
Submitted By: Plaintiff
Relevance:
Confirms the outstanding balance due from the defendants.
Reference:
Ext.A9
Document Type: Letter of confirmation of balance outstanding
Submitted By: Plaintiff
Relevance:
Another confirmation of the outstanding balance dated later.
Reference:
Ext.A10
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Notice sent to defendants demanding repayment of the loan.
Reference:
Ext.A11
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt of document related to the case.
Reference:
Ext.A12
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Extract of the loan account showing transaction details certified to be true.
Reference:
Ext.A13
Document Type: Statement Showing Impact of Compounding of Penal Interest
Submitted By: Plaintiff
Relevance:
Document detailing how penal interest has accrued on the loan.
Reference:
Ext.A14

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 rent
Case Code
Case between The Federal Bank Limited vs Mrs. Salamma Kurian et al regarding recovery of loan amount
Case Code Year
Case between The Federal Bank Limited vs Mrs. Salamma Kurian et al regarding recovery of loan amount

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Fri, 10/06/2017 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Bank

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