Case Summary
The South Indian Bank Limited filed a suit against Sivin Sabu and Krishna Priya K for the realization of loan amounts due. The defendants defaulted on repayment of loans sanctioned for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.36,083.97/- along with interest @9.25% per annum and penal interest @2%.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount along with interest and costs.
Why Plaintiff Won:
The plaintiff established a case through unchallenged evidence of loan agreements and acknowledgment of debt.
The plaintiff established a case through unchallenged evidence of loan agreements and acknowledgment of debt.
Losing Side's Weaknesses:
The plaintiff established a case through unchallenged evidence of loan agreements and acknowledgment of debt.
The plaintiff established a case through unchallenged evidence of loan agreements and acknowledgment of debt.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.36,083.97/-.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.36,083.97/- along with interest @9.25% per annum and penal interest @2% from the date of suit till the date of decree.
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
Original Loan agreement, Original Supplemental Hypothecation agreement, Original of Guarantee agreement, Certified copy of acknowledgment of debt and security, True copy of registered notice, True copy of lawyer notice.
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:
Defendants shall pay Rs.36,083.97/- along with interest to the plaintiff.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.36,083.97/- (Rupees Thirty six thousand eighty three and ninety seven paise only) along with interest @9.25 % per annum and penal interest @2% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Original loan agreement executed by the 1st defendant for the loan provided by the bank.
Reference:
Ext.A1
Document Type:
Supplemental Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
Original supplemental hypothecation agreement executed by the 1st defendant.
Reference:
Ext.A2
Document Type:
Guarantee Agreement
Submitted By:
Plaintiff
Relevance:
Original guarantee agreement executed by the 2nd defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Certified copy of acknowledgment of debt and security executed by the defendants.
Reference:
Ext.A4
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
True copy of registered notice issued by the plaintiff bank to defendants.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of lawyer notice issued to defendants.
Reference:
Ext.A6
Document Type:
Envelope
Submitted By:
Plaintiff
Relevance:
Original envelope returned unserved.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
True copy of the statement of account relating to the defendant’s loan account.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between The South Indian Bank Limited vs Sivin Sabu et al regarding realization of money
Case Code Year
Case between The South Indian Bank Limited vs Sivin Sabu et al regarding realization of money