Case Summary
The case involves the State Bank of India, which is seeking to recover a loan amount from the defendant, Smt. Balkees Noushad, who has defaulted on her vehicle loan payments. The plaintiff alleges that despite several demands, the defendant failed to repay the loan as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs.10,25,110.03/- to the plaintiff.
Case Type
Commercial Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, directing the defendant to pay the outstanding loan amount along with interest and costs.
Why Plaintiff Won:
The court found sufficient evidence that the defendant defaulted on the loan repayments.
The court found sufficient evidence that the defendant defaulted on the loan repayments.
Losing Side's Weaknesses:
The court found sufficient evidence that the defendant defaulted on the loan repayments.
The court found sufficient evidence that the defendant defaulted on the loan repayments.
Supporting Evidence
The unchallenged oral testimony of PW1 very well goes to show that the defendant availed vehicle loan for Rs.7,20,000/- from the plaintiff bank and defaulted repayment.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendant is directed to pay an amount of Rs.10,25,110.03/- (Rupees ten lakh twenty five thousand one hundred and ten and three paise only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- STATE BANK OF INDIA
- Party Role
- Defendant
- Party Name
- Smt. BALKEES NOUSHAD
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Loan application, Sanction Letter, Letter of Arrangement, Agreement of loan cum Hypothecation, Letter of confirmation, Office copy of the letter issued by Branch Manager SMEC, Kozhikode
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajeevan. M.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Balakrishnan.E
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay an amount of Rs.10,25,110.03 to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: Defendant is directed to pay an amount of Rs.10,25,110.03/- (Rupees ten lakh twenty five thousand one hundred and ten and three paise only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff will be entitled to costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
The original sanction letter dated 16.12.2017 indicating the loan granted to the defendant.
Reference:
Ext.A1
Document Type:
Letter of Undertaking: Repayment in Installments
Submitted By:
Plaintiff
Relevance:
The original letter of undertaking for repayment of the loan by installments.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
The original deed of hypothecation executed by the defendant for securing the loan.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
The original demand promissory note executed by the defendant for the loan amount.
Reference:
Ext.A4
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
The original revival letter dated 14.12.2020 issued by the defendant.
Reference:
Ext.A5
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
The original registered notice dated 01.02.2021 sent by the plaintiff to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card dated 09.02.2021 related to the registered notice.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
The attested copy of the account statement dated 21.07.2022 showing the outstanding amount.
Reference:
Ext.A8
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
The order PIM(CC) 53/22 of DLSA dated 27.08.2022 referenced in the judgment.
Reference:
Ext.A9
Case Classification
Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between STATE BANK OF INDIA et al vs Smt. BALKEES NOUSHAD regarding realisation of loan amount
Case Code Year
Case between STATE BANK OF INDIA et al vs Smt. BALKEES NOUSHAD regarding realisation of loan amount