Case Summary
This case involves the State Bank of India suing Revathy. M. Vijayan for the recovery of a loan amount. The plaintiff claims that the defendant failed to repay the loan as per the agreement, leading to the bank filing this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.4,82,108/- along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of the unpaid loan amount along with interest and costs.
Why Plaintiff Won:
The evidence supplied by the plaintiff was not contradicted, confirming the defendant's liability.
The evidence supplied by the plaintiff was not contradicted, confirming the defendant's liability.
Losing Side's Weaknesses:
The evidence supplied by the plaintiff was not contradicted, confirming the defendant's liability.
The evidence supplied by the plaintiff was not contradicted, confirming the defendant's liability.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A8 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; The plaintiff is entitled to realize an amount of Rs.4,82,108/- from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Vinitha Tharavath
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Revathy. M. Vijayan
- Relation
- D/o
Plaintiffs Documents
Original loan agreement, Original sanction letter, Statement of account.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K. Hema
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.4,82,108/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.4,82,108/- (Rupees Four Lakhs Eighty Two Thousand One Hundred and Eight only) from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 12.5% per annum on the recovery amount from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12.5% per annum for Rs.4,82,108/- (Rupees Four Lakhs Eighty Two Thousand One Hundred and Eight only) from the date of suit till date of decree from the defendant and from her assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 6% per annum on the recovery amount from the date of decree till the date of realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,82,108/- (Rupees Four Lakhs Eighty Two Thousand One Hundred and Eight only) from date of decree till date of realization from the defendant and from her assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Xpress Credit Loan Application
Submitted By:
Plaintiff
Relevance:
Original loan application submitted by the defendant.
Reference:
Ext.A1
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Sanction letter issued for the loan granted to the defendant.
Reference:
Ext.A2
Document Type:
Loan Agreement Letter
Submitted By:
Plaintiff
Relevance:
Loan agreement executed by the defendant.
Reference:
Ext.A3
Document Type:
Personal Loan Agreement
Submitted By:
Plaintiff
Relevance:
Agreement regarding the terms of personal loan.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Promissory note signed by the defendant for the loan.
Reference:
Ext.A5
Document Type:
Demand promissory note delivery letter
Submitted By:
Plaintiff
Relevance:
Letter regarding the delivery of the demand promissory note.
Reference:
Ext.A6
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement showing loan disbursements and repayments.
Reference:
Ext.A7
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the defendant regarding the loan default.
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 State Bank of India et al vs Revathy. M. Vijayan regarding realization of money
Case Code Year
Case between State Bank of India et al vs Revathy. M. Vijayan regarding realization of money