Case Summary
The South Indian Bank Ltd. is seeking to recover a loan amount from the defendants including Rugmini, Achuthan M.C., and Ramesh Achuthan. The defendants have contested the claim, citing limitations and procedural issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowing the plaintiff to recover and realise a sum of Rs.1,09,330/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the South Indian Bank to recover the amount owed by the defendants.
Why Plaintiff Won:
The plaintiff presented sufficient evidence to establish the loan and the defendants' failure to repay.
The plaintiff presented sufficient evidence to establish the loan and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff presented sufficient evidence to establish the loan and the defendants' failure to repay.
The plaintiff presented sufficient evidence to establish the loan and the defendants' failure to repay.
Supporting Evidence
To substantiate the case of the plaintiff, the Branch Manager Smt.Priyanka P. Rao filed proof affidavit in lieu of examination in chief and offered for oral evidence as PW1.
Judgment Evidence:
In the result: The suit is decreed as follows: (a) Allowing the plaintiff to recover and realise a sum of Rs.1,09,330/- with an interest @ 11% per annum from the date of suit till realisation in full from the defendants’ assets. (b) The plaintiff is also entitled to get costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd.
- Party Role
- Defendant
- Party Name
- Rugmini
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Achuthan M.C.
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Ramesh Achuthan
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Loan Sanction Letter, Letter of renewal, Acknowledgment of debt, Agreement of guarantee, Agreement of hypothecation, Lawyer Notice, Postal receipts, Account statement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M/s. Mathew P. Paul & Finimol T.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Babu T. Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested a decree for the recovery of Rs.1,09,330 with interest and costs.
Evidence:
The suit is decreed as follows: Allowing the plaintiff to recover and realise a sum of Rs.1,09,330... with an interest @ 11% per annum from the date of suit till realisation in full from the defendants’ assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to get costs of the suit.
Evidence:
The plaintiff is also entitled to get costs of the suit.
Documents & Evidence
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document was marked to substantiate the plaintiff's claim regarding the loan sanctioned.
Reference:
Ext.A1
Document Type:
Letter of Renewal for Continuance of KCC OD Facility
Submitted By:
Plaintiff
Relevance:
This document was marked to show the renewal of the loan facility.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence for the acknowledgment of the loan by the defendants.
Reference:
Ext.A3
Document Type:
Agreement of Guarantee
Submitted By:
Plaintiff
Relevance:
This document was marked to support the plaintiff's claim regarding the guarantors.
Reference:
Ext.A4
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
This document was marked to establish the hypothecation of the property for the loan.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was marked to indicate the notice sent regarding the loan.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These documents were marked to establish proof of communication related to the loan.
Reference:
Ext.A7, A7(a), A7(b)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document was marked to show the financial status related to the loan account.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between The South Indian Bank Ltd. vs Rugmini et al regarding realisation of money
Case Code Year
Case between The South Indian Bank Ltd. vs Rugmini et al regarding realisation of money