Case Summary
The plaintiff, State Bank of India, is seeking repayment of a personal loan from the legal heirs of the deceased borrower. The borrower passed away with outstanding dues amounting to Rs. 7,28,785.62, leading the bank to initiate this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.728785.62/- along with interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's case was established through unrebutted oral testimony and documentation.
The plaintiff's case was established through unrebutted oral testimony and documentation.
Judgment Evidence:
In the result, suit is decreed as follows. 1. The plaintiff is entitled to realize an amount of Rs.728785.62/- from the defendants and from their assets.
Parties Involved
Plaintiffs
Jayesh P (47 years years)
State Bank of India, Ernakulam Branch, KTDC Building, Shanmugam road, Ernakulam, PIN 682011
Defendants
Thereesa (52 Years years)
Thareparambil House, Rameswaram Colony, NO 23/635, Mattancherry, Ernakulam-682002
Mary Greeshma T.A (32 years years)
Thareparambil House, Rameswaram Colony, NO 23/635, Mattancherry, Ernakulam-682002
Angel Reshma A (29 years years)
Thareparambil House, Rameswaram Colony, NO 23/635, Mattancherry, Ernakulam-682002
Joyal T.A (23 years years)
Thareparambil House, Rameswaram Colony, NO 23/635, Mattancherry, Ernakulam-682002
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of amount due (Rs.728785.62) from the defendants.
Evidence:
The plaintiff is entitled to realize an amount of Rs.728785.62/- from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of interest at 11.60% per annum from the date of suit till date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 11.60 per annum for Rs.728785.62/- from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of interest at 6% per annum from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.728785.62/- from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Xpress Credit Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the plaintiff as evidence to support the loan claim.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the terms of the loan provided to the predecessor of the defendants.
Reference:
Ext.A2
Document Type:
Loan Arrangement Letter
Submitted By:
Plaintiff
Relevance:
Document detailing the arrangement of the loan to support the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Sanction Report
Submitted By:
Plaintiff
Relevance:
Report confirming the sanction of the loan, used to substantiate the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Irrevocable Standing Instruction
Submitted By:
Plaintiff
Relevance:
Document detailing the payment instructions for the loan.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Financial statement showing the outstanding amount owed by the defendants.
Reference:
Ext.A6
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding repayment, highlighted as part of the formal demand.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt serving as evidence of sending the lawyer's notice.
Reference:
Ext.A10
Document Type:
Track Report
Submitted By:
Plaintiff
Relevance:
Document providing proof of the delivery status of the lawyer's notice.
Reference:
Ext.A11
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony provided by the plaintiff's manager corroborating the evidence.
Reference: