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Commercial Suit No.59/2023

Case between STATE BANK OF INDIA et al vs Smt. BALKEES NOUSHAD regarding realisation of loan amount

Court
Commercial Court III Addl. Sub Judge, Kozhikode
Judge
Sri. Sidhik. K
Order Date
2025-06-11
Duration
approximately-7 years 5 months
Case Closed
Wed, 06/11/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court has decreed in favor of the plaintiff, directing the defendant to pay the outstanding loan amount along with interest and costs.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Thu, 12/14/2017 - 12:00
Case Closed
Wed, 06/11/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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