Case Summary
The plaintiff, a public sector bank, filed a suit against the defendant, a proprietor of M/s. Cellcom, for recovery of loan amount due. The defendant failed to repay the loan despite multiple demands, leading to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 9,80,513/- with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing them to recover the amount due along with interest.
Why Plaintiff Won:
The plaintiff successfully proved their case by producing sufficient evidence.
The plaintiff successfully proved their case by producing sufficient evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved their case by producing sufficient evidence.
The plaintiff successfully proved their case by producing sufficient evidence.
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 9,80,513/- (Rupees Nine Lakhs Eighty Thousand Five Hundred and Thirteen only) with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendants and their assets with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India, Small and Medium Enterprises, City Credit Centre (SMEC) Kollam
- Party Role
- Plaintiff
- Party Name
- Shamnas Hussain, Proprietor, M/s.Cellcom, Paravoor, Kollam
- Party Role
- Defendant
- Party Name
- Shamnas Hussain
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Letter of arrangement dated 18/07/2022, Statement of account dated 16/11/2023, Office copy of Lawyer's notice dated 16/05/2023, Postal receipt dated 17/05/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chithra D. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amritha S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 9,80,513/- with interest from the defendants.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Letter Deed
Submitted By:
Plaintiff
Relevance:
This document is the Letter of arrangement dated 18/07/2022, which outlines the terms of the loan provided to the defendant.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document states the outstanding balance due from the defendant as of 16/11/2023.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the Lawyer's notice dated 16/05/2023 sent to the defendant regarding the loan default.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as the postal receipt dated 17/05/2023, confirming the sending of legal notice.
Reference:
Ext.A4
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
Case between State Bank of India et al vs Shamnas Hussain regarding realization of money
Case Code Year
Case between State Bank of India et al vs Shamnas Hussain regarding realization of money