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
The court decreed in favor of the plaintiff, allowing them to recover the outstanding loan amount from the defendants. The defendants are liable for the repayment along with interest and costs.
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.
Losing Side's Weaknesses:
The plaintiff's case was established through unrebutted oral testimony and documentation.
The plaintiff's case was established through unrebutted oral testimony and documentation.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established the case as pleaded by the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Jayesh P
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thereesa
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary Greeshma T.A
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Angel Reshma A
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Joyal T.A
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Original Xpress credit Loan Application, Original Loan Agreement, Original loan arrangement letter, Original sanction report, Original irrevocable standing instruction, Statement of account in respect of Account No. 40400449419, Copy of Lawyer’s notice, Original postal receipt, Printout of track report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K. Hema
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gowri A.H.
- Appearance Type
- Assisting Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between State Bank of India, Ernakulam Branch represented by its Chief Manager, Jayesh P vs Thereesa et al regarding realization of money
Case Code Year
Case between State Bank of India, Ernakulam Branch represented by its Chief Manager, Jayesh P vs Thereesa et al regarding realization of money