Case Summary
The South Indian Bank Limited filed a suit against Sivin Sabu and Krishna Priya K for the recovery of a loan amount. The defendants failed to repay the loan, resulting in a total liability of ₹572558.77.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹572558.77 with interest at 6% per annum and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay ₹572558.77 with interest at 6% per annum. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are directed to pay to the plaintiff, an amount of 5,72,558.77/- (Rupees five lakhs seventy two thousand five hundred and fifty eight and seventy seven paise only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- THE SOUTH INDIAN BANK LIMITED
- Party Role
- Defendant
- Party Name
- Sivin Sabu
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishna Priya K
- Party Age
- 28
- Relation
- W/o
Plaintiffs Documents
Credit Facility Agreement, Agreement hypothecation, Agreement of Guarantee, Demand Promissory Note, Acknowledgment of debt & Security, Copy of Notice, True copy of Legal Notice, Returned Postal Envelope, Computer print out of Statement of Account, Certificate u/s. 2(8)(b) with Section 2 A of Bankers Book of Evidence Act, 1891
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunu P. John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Laija George K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay a total amount of ₹5,72,558.77 with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 5,72,558.77/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the loan agreement between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Agreement hypothecation
Submitted By:
Plaintiff
Relevance:
This document outlines the hypothecation of assets against the loan.
Reference:
Ext.A2
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
This document is related to the guarantee provided for the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as a promissory note acknowledging the debt.
Reference:
Ext.A4
Document Type:
Acknowledgment of debt & Security
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the debt and any security associated with it.
Reference:
Ext.A5
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
This document is a photocopy of a notice sent to the defendants, marked subject to proof.
Reference:
Ext.A6
Document Type:
True copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of a legal notice sent to the defendants.
Reference:
Ext.A7
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This document is related to the postal communication sent to the defendants.
Reference:
Ext.A8
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This document is another instance of postal communication returned.
Reference:
Ext.A8(a)
Document Type:
Computer print out of Statement of Account for the period from 27.09.2018 to 21.08.2024
Submitted By:
Plaintiff
Relevance:
This document provides a statement of the account detailing the transactions related to the loan.
Reference:
Ext.A9
Document Type:
Certificate u/s. 2(8)(b) with Section 2 A of Bankers Book of Evidence Act, 1891
Submitted By:
Plaintiff
Relevance:
This document certifies the authenticity of the accountant records as per the relevant Act.
Reference:
Ext.A9(a)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between THE SOUTH INDIAN BANK LIMITED vs Sivin Sabu et al regarding realisation of money
Case Code Year
Case between THE SOUTH INDIAN BANK LIMITED vs Sivin Sabu et al regarding realisation of money