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O.S. No. 906/2024

Case between The South Indian Bank Limited vs Sivin Sabu et al regarding realization of money

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-03-15
Duration
approximately-6 years 6 months
Case Closed
Sat, 03/15/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the due amount along with interest and costs.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 09/25/2018 - 12:00
Case Closed
Sat, 03/15/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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