Case Summary
The plaintiff, Punjab & Sind Bank, is seeking to recover an outstanding loan amount from the defendant, Nijana Nasarudeen, who defaulted on repayments. The case focuses on the bank's entitlement to recover the loan with accrued interest due to the defendant's failure to comply with the repayment schedule.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 75,104.92 with interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of the outstanding loan amount. The defendant must pay Rs. 75,104.92 along with interest and costs.
Why Plaintiff Won:
The evidence presented by the plaintiff established the defendant's indebtedness and failure to repay the loan as agreed.
The evidence presented by the plaintiff established the defendant's indebtedness and failure to repay the loan as agreed.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the defendant's indebtedness and failure to repay the loan as agreed.
The evidence presented by the plaintiff established the defendant's indebtedness and failure to repay the loan as agreed.
Supporting Evidence
The oral as well as documentary evidence adduced from the side of plaintiff bank clearly established that the defendant is indebted to the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 75,104.92/- (Rupees Seventy Five Thousand One Hundred and Four and Ninety Two Paise only) with interest at the rate of 9.70% per annum from the date of the suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation with costs, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Punjab & Sind Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Nijana Nasarudeen
- Party Age
- 40
- Relation
- W/o Shafeek
Plaintiffs Documents
Sanction Letter A1, Hypothecation Agreement A2, Balance Confirmation Letter A3, Balance Confirmation Letter A4, Office copy of Lawyer notice A5, Postal Receipt A6, Certified copy of Statement of accounts A7.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Baiju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Poornima.G.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of the total amount due from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 75,104.92/- with interest at the rate of 9.70% per annum.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Proves the sanction of the loan availed by the defendant.
Reference:
Ext.A1
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Shows the agreement under which the defendant availed the loan.
Reference:
Ext.A2
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Confirms the balance due from the defendant on the specified date.
Reference:
Ext.A3
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Confirms a subsequent balance due from the defendant.
Reference:
Ext.A4
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence for the demand notice sent to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the dispatch of the demand notice to the defendant.
Reference:
Ext.A6
Document Type:
Certified copy of statement of accounts
Submitted By:
Plaintiff
Relevance:
Details the financial transactions related to the loan account.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Punjab & Sind Bank vs Nijana Nasarudeen regarding Realisation of Money
Case Code Year
Case between Punjab & Sind Bank vs Nijana Nasarudeen regarding Realisation of Money