Case Summary
The plaintiff, South Indian Bank Ltd, filed a suit against the defendant, Sirajudeen.M, for the recovery of a loan amount. The defendant defaulted on repayments for cash credit and term loan facilities provided by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise total amount of Rs.4,71,323/- with future interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay a total of Rs. 4,71,323/- along with applicable interests. The suit was decreed with costs.
Why Plaintiff Won:
The plaintiff established that the defendant is indebted through sufficient oral and documentary evidence.
The plaintiff established that the defendant is indebted through sufficient oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
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 total amount of Rs.4,71,323/- ...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The South Indian Bank Ltd
- Party Role
- Defendant
- Party Name
- Sirajudeen.M
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Notarized copy of Power of Attorney, Loan sanction intimation letter, Sanction credit facility to ECLGS, Demand Promissory Note, Credit Facility Agreements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Riyas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.S.Varun
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs. 4,71,323/- along with applicable interest.
Evidence:
Hence, the suit is decreed with costs as follows: 1. The plaintiff is entitled to realise total amount of Rs.4,71,323/-.
Documents & Evidence
Document Type:
Notarized copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Used to establish authority of the representative of the plaintiff bank.
Reference:
Ext.A1
Document Type:
Loan sanction intimation letter
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the loan facility sanctioned to the defendant.
Reference:
Ext.A2
Document Type:
Sanction credit facility to ECLGS
Submitted By:
Plaintiff
Relevance:
Provides information about the ECLGS loan sanctioned to the defendant.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Displays the defendant's acknowledgment of the loan amount of Rs. 4 lakhs.
Reference:
Ext.A4
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms for the CCOL loan including the repayment structure.
Reference:
Ext.A5
Document Type:
Credit Facility Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms for the ECLGS loan sanctioned.
Reference:
Ext.A6
Document Type:
Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Establishes the hypothecation of the defendant's assets for loan security.
Reference:
Ext.A7
Document Type:
Supplementary Agreement of Hypothecation
Submitted By:
Plaintiff
Relevance:
Outlines additional hypothecation terms for the ECLGS loan.
Reference:
Ext.A8
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the defendant acknowledging their debt obligations.
Reference:
Ext.A9
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
Notification issued to the defendant demanding repayment of dues.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the dispatch of the notice to the defendant.
Reference:
Ext.A11
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
Indicates non-delivery of the notice to the defendant.
Reference:
Ext.A12
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Documents reflecting the financial status of the defendant's accounts with the bank.
Reference:
Ext.A13 and A14
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
OS.NO.
Case Code Year
2023